
m 



1 LIBRARY OF CONGRESS. | 



UNITED STATES OF AMERICA. 

i 



A MANUAL "-^^^ ^^, 



FOR 



ROAD SUPERVISORS 

I 

IX oil 10 



CONTAIXIXG THE PROVISIONS OF LAW RELATIXG TO THE DUTIES 
OF THESE OFFICERS 



WITH. 

NOTES OP DECISIONS, NUMEROUS FORMS, 
AND PRACTICAL SUGGESTIONS. 



foubth MurisED ei>ition. 



BY ^ 

FLORIEN GIAUQUE, 

Editor of the '' Revised Statutes of Ohio," Author of 

" Settlement of Decedents' Estates," '*A Manual 

for Assignees," *'xA Manual for Guardians 

AND Trustees " etc. 






CINCINNATI 
ROBERT CLARKE & CO 

1894 






.©s 



GrA- 



v€'1^ 



COPYRIGHTED, 

ROBERT CLARKE & CO. 

1882, 

COPYRIGHTED, 

ROBERT CLARKE & CO. 

1894. 



i^'9dh3 



>«5I 



PREFACE 

AND EXPLANATORY MATTER. 



In this little manual, the author has tried to furnish super- 
visors a practical and cheap guide — to tell them, in plain lan- 
guage, what their duties are under the codified laws, and how 
to perform these duties. To this end, he has tried to give the 
substance of these laws, and of all reported decisions of our 
courts bearing on the subject, to give complete references to 
these laws and decisions, to furnish all necessary forms, to 
make such practical suggestions as seemed useful, to give a 
good index to all of this, and to arrange, classify, and have it 
published in such a way that it will be easy to refer to, and to 
carry about the person, or suitable to have in the office or li- 
brary. 

The numbers at the beginning of each paragraph indicate 
the number of that paragraph in the chapter, each chapter 
having its own series of such numbers. The numbers in large 
figures inclosed in parentheses, found either at the end or in 
the body of the paragraph, refer to the sections of the law as 
numbered in the Revised Statutes of t]^ State of Ohio. Para- 
graphs or parts of paragraphs not followed by such numbers 
are generally the suggestions of the writer. The small fig- 
ures refer to the notes below, which generally consist of de- 
cisions of our own Supreme Court, and have, therefore, all the 
force of law. The decisions quoted from the Ohio Reports are 
indicated thus: 19 Ohio, 367, and would mean that the case re- 
ferred to is found in the nineteenth volume of the Ohio Re- 
ports, on page 367 ; and 26 Ohio St. 196, would mean that this 
case is found in the twenty-sixth volume of the Ohio State 
Reports, page 196. W. means Wright's Report. 

Cincinnati, June, 1882 F. G. 

(iii) 




PEEFACE TO FOUKTH EDITION. 



Since issuing the third edition of this book, the legisla^ 
ture has repealed all laws requiring persons to labor two 
days each year on the public roads (see note on page 12), 
thereby radically changing the entire system of road re- 
pairs, at least in theory. But said roads must still be kept 
in repair and free from obstructions, under the direction of 
the road supervisor, by means of road taxes, which may 
be paid in money, or worked out as formerly. These 
changes in his duties, and the new duties imposed on him 
in late years as to stock running at large on the roads , as to 
hedges on the wayside ; as to weeds, briers, brush, etc., in 
the roadway ; as to drift in streams, ditches, etc. ; as to the 
making and cleaning of ditches themselves ; new road con- 
struction under his direction, etc., make him one of the 
most important of our lesser officers. It is therefore highly 
necessary that he have at hand the means of knowing what 
these duties now all are, and how to go about fulfilling 
them, and also what are such no longer. To this end this 
new edition is prepared. 

As explained in th# Preface to the first edition, numbers 
in the body or at the end of a paragraph, and in parentheses, 
for instance (4889), show in what section of the statute the 
law in that paragraph can be found. If such numbers are 
now followed by others, for instance (4889, 91 0. L. 355), it 
means that the law is from section 4889, as amended in vol- 
ume 91 Ohio Laws, page 355. 

Laws which refer to one county or neighborhood only 
are not given, and have not been, in any edition. 

Florien Gtauque. 

Cincinnati, July, 1894. 

(iv) 



ROAD SUPERVISORS. 



CHAPTEE I. 



RELATING TO ELECTION, OATH, BOND, ETC., OF SUPER- 
VISOR. 

1. Township trustees must divide township into road districts, 
etc. On the first Monday of March of each year, the 
township trustees must, 1st, divide their township into 
road districts, when not ah^eady so divided, or alter the 
existing districts, as they may deem proper; 2d, have a 
description of such districts, as so made or altered, en- 
tered in the proper township record ; 3d, give notice of 
the number of supervisors to be chosen in the township. 
They must also cause due notice of the time and place 
for the election of supervisors to be given. (1457, 1503, 
1445, 1446.) 

2. Supervisors are township officers when elected, etc. Super- 
visors of roads are regular township officers,^ and must be 
elected at the annual township election, on the first Mon- 
day of April, in the same way as other township officers 
are chosen (1442. 89 0. L. 195; 1448, 90 0. L. 144); subject, 
however, to the following special provisions: 

3. Who may he supervisor, and how elected. Every super- 
visor of roads must be a resident of the district for which 
lie is elected; and no elector shall vote for more than 
one supervisor of roads, or for any person for that office 
who is not an actual resident of the district in which said 
elector resides; and if a ballot contains more than one 
named for the oftice of supervisor, or if it appears to the 
satisfaction of the judges of election that an elector has 
voted for any pei^on for that office other than for the dis- 
trict in which such elector resides, such vote, as to that 
office, must be deemed void; and if, on counting the votes, 
it appears that there were more votes given for supervisor 

(1) A supervisor of roads is an officer, within tiie meaning of section 20 
(now sec. 69u8). whicli provides as follows: "That if any person sliall abuse 
any jndi:e or justice of the peace, abuse or resist any siieriff. constable, « r 
other officer in the execution of his office, the perso7i so offendini?," etc. 
Woodworth v. State, 26 Ohio S. 19G. (See paragraph 17, Chapter IV.) 

To constitute the offense of re-istinp: an officer, under the above section, 
It Is not necessary that the officer should be assaulted, beaten, or abused, lb. 

U) 



ROAD StJPERVISORs' MANUAL. [CHAP. 



of a district than there were resident electors of such dis- 
trict voting at such election, the judges must declare the 
election, as to that district, void ; and the vacancy nnust 
be filled by the trustees as in other cases of vacancy. 
(1456.) 

4. Penalty for refusing to serve, how collected. A person 
elected or appointed supervisor, who neglects or refuses to 
serve, must lorfeit and pay to and for the use of his town- 
ship the sum of two dollars, to be recovered by an action 
before a justice of the peace of said township;^ and the 
township clerk must, in the name of said township, collect 
said money, by suit, if necessary, and pay it over, when 
collected, to the township treasurer; but no person shall 
be compelled to serve in a township office two years in 
succession. (1449.) 

6. Vacancies^ and how filled. In case no annual elec- 
tion is held, because enough voters do not assemble to 
hold it, or if, by reason of non-acceptance, death, or re- 
moval of a person chosen supervisor at an election duly 
held, or when, from any other cause, a vacancy occurs in 
the office of supervisor, the trustees of the township must 
appoint some suitable person to fill the vacancy, who must, 
before entering upon the duties of his office, take an oath 
to faithfully and impartially discharge the duties of his 
office, and shall be under the same restrictions and penal- 
ties as though he had been duly elected and qualified. 
(4741, 1451, as am. 87 v. 119.) 

7. Oath and bond. Each person chosen or appointed to 
an office under the constitution or laws of this state, must 
take an oath of office.^ (2) The township clerk must, within 
ten days after the election or appointment of the super- 
visor, notify him thereof, by the constable, in the manner 
required by law, and require him to appear before such 
clerk or other officer authorized by law to administer oaths, 
and take the required oath of office, and give bond, within 
ten days after such election or appointment. (1453.) 

8. It is best to take this oath before the clerk, as it 
must be recorded by him, no matter who administers it'. 
If administered by some other officer, the law imposes 
upon such officer the duty of making a certificate of the 
oath to such clerk, who must then record the oath. (2, 5, 
1453, 1454.) But this is more troublesome, is liable to be 
more expensive, and to be in part neglected, if not done 
before the clerk himself 

9. A supervisor's oath is in substance as follows: (3) 

(1) A person refusing to serve as supervisor, after being elected or ap- 
poinled, is liable to a fine of two dollars. But he can not be compelKd tc 
accept any other township office at the s:ir.ie time he holds the office ot su- 
pervisor. Hartford T'. Bennett, 10 Ohio S^ 441, . ^ ^. 

i2) The Constitution of Ohio (art. XV. sec. 7) also requires such oath. 



I.] ELECTION, OATH, BOND, ETC. 3 

The state of Ohio, ) ^^ 

County, Township. J ^^' 

Before me, C D , clerk of said township, per- 

r-onally came A B , who, being duly sworn accord- 
ing to law, says that he will support the constitution of 
the United States and the constitution of the State of 
Ohio; and that he will faithfully discharge his duties as 

supervisor of road district No. , of township, 

county, Ohio, during his continuance in said office, and 
until his successor is chosen and qualified. 

A , B — ™. 

Sworn to before me, and signed in my presence, on this 

day of , A. D. 18 — . 

C— D- — , Township Clerk. 

10. The failure of the super^nsor to take the oath does 
not affect the liability of his sureties. (2) 

11. Before entering upon the discharge of his duties, 
each supervisor of roads must give bond, with sureties 
approved by the trustees, in such sum as they deter- 
mine, payable to them, and conditioned for the faithful 
performance of his duties, which bond must be deposited 
with the clerk; and if he fails to take the oath and 
give the bond required, within ten days after his election 
or appointment, he must be deemed to have declined to 
accept, and the vacahcv must be tilled as in other cases. 
(1515; 19, 1453, 1455.) 

12.^ Form of bond. The following is the form of a super- 
visor's bond: 

Know all men by these presents : That we, A B , 

as principal, and C D and E F as sureties] 

are held and firmly bound under the trustees of 

township, in the county of- , and State of Ohio, in the 

sum of one hundred dollars, to be paid to the said trustees 
of the township aforesaid, for the payment whereof well 
and truly to be made, we jointly and severally bind our- 
selves, our heirs, executors, and "^administrators firmly by 
these 2>resents. 

This done and signed by us, this day of — — , a. d. 

The condition of the above obligation is such, that 

whereas the said A B has been duly elected and 

qualified as supervisor of road district No. of 

township, county, and State of Ohio, for the 'term of 

one year from the day of April, a. d. 18—, and until 

his successor is elected, or appointed, and qualified 

Now, if the said A B shall faithfully perform 



4 ROAD SUPERVISORS* MANUAL. [CHAP 

his duties as said officer, then this obligation will be void; 
otherwise to be and remain in full force and effect. 

A B , [SKAL.; 

C D , [SEAL.^ 

E — - F , [seal.] 

The sureties on the above bond approved bv us : 

I K , y Trustees of said Township. 

L M , J 

13. The township trustees should hold a meeting within 
the time required by law for approving the bonds, for 
the express purpose of approving bonds and other similar 
business, and of this meeting the supervisor elect should 
be officially notified by the clerk. The supervisor should 
go to this meeting with Lis sureties, and there request the 
clerk to make out his bond. The clerk is, perhaps, not 
bound to do this, but it is customary, and generally vvell 
for him to do so. For this purpose he should be supplied by 
the trustees with printed blank bonds, which need but little 
time and labor to fill up accurately, and so as to be good 
and valid at law. The bond having been duly executed, 
may then be filed; and the oath of office having been ad- 
ministered to the new supervisor, he can then receive such 
instructions, laws, etc., as the clerk may have to give him. 

14. Serves how long. The person elected or appointed, 
as above described, and having duly filed a proper bond and 
taken the required oath, is fully installed into the office 
of supervisor of roads for his district, to serve till the next 
regular spring election, and until his successor, then 
elected or soon after appointed, is qualified. (8, 11, 1448, 
90 0. L. 144; 1450, 1451.) 

15. In hamlets. The trustees of hamlets may appoint an 
elector of their corporation as marshal, who may be by or- 
dinance required to act as supervisor; but, whenever they 
provide by ordinance for the separation of the offices of 
marshal and supervisor, they must annually, while such 
ordinance is in force, select an elector as supervisor; and 
they may, in either case, prescribe his duties and comr)en- 
sation, and may remove him and appoint another, at their 
discretion. (1700, as am. 77 v. 15.) The marshal, when 
he acts as supervisor, must act under the direction of the 
trustees, and be paid out of the proper hamlet treasury, or 
treasuries, the same compensation allowed to other super- 
visors; and where the offices of marshal and supervisor 
are separated, the supervisor must perform his duties, be 
paid in the same manner, and receive the same compensa- 
tion, as the marshal when acting as supervisor. (1703, as 
am. 86 v. 252.) 



1,.] 



ROAD WORK, ETC., GENERALLY. 



CHAPTER IL 

supervisors' work, duties and powers generally. 

1. Duty of supervisor as to opening roads. The law pro- 
vides that every supervisor must open, or cause to be 
opened, all public roads and highways which are laid out 
and established in his road district.^ (47 J 5.) But new 
state and county roads are now opened by the county 
commissioners by contract. See par. 8 of this chapter. 

2. But if a state road, or any part of one, has been 
laid out for ten years, or a county road, or any part of one, 
has been authorized, and has remained unopened for pub- 
lic use for seven years after being ordered or authorized to 
be so opened, the law declares such road to be vacated by 
lapse of time and non-user.^ (4636, 4668, 89 v. 126.) 

3. Public roads classified and defined. — For the purpose 
of assisting the supervisor to know what his duties are, the 
" public roads and highways," that are in some way con- 
sidered such by the laws of Ohio, may be divided into:' 

First. Toll roads, owned by incorporated companies, and 
for traveling over which pay is collected at toll-gates, or by 
other means. With these the supervisor has nothing what- 
ever to do.* 

(1) A supervisor is a local ministerial officer, whose authority and duties 
to open, repair, and control public roads extends only to the roads within 
his own district. Grove v. Mikesell, 13 Ohio St. 158. 

A supervisor is, in ttiis state, regarded as a ministerial officer, whose 
duties and authority are limited an-i prescribed by statute, and which, for 
the most part, are confined to his own particular district. His duties gen- 
erally are to open and keep in repair and unobstructed the public roads in 
his particular district not owned or oi^erated under private charters or by 
incorporated companies. His powers and authority have always, in this 
state, been particularly prescribed by statute. And under these statutes, 
we understand that the courts of ih'is state have always recognized the 
right of supervisors to a very liberal exercise of an honest discretion in 
the discharge of their official duties. It would be most unreasonable, un- 
der such statutory provisions, to hold a supervisor to a rigid exactitude in 
the use of the most aiipropriate means for the discharge of his duties. 
Grove v. Mikesell, 13 Ohio St. 158. 

See also notes on page 9. 

(2) The statute providing that county roads shall be vacated by non-user 
for seven vears applies onlv to roads that have been authorized, but never 
opened. Peck et al. v. Clark et al., 19 Ohio, 367. 

The limitation prescribed in that flection of law applies to roads author- 
ized but never opened, and not to roads which have been opened and par- 
tially obstructed bv a landholder fencing in a portion of tne same. Mc- 
Cle.land v. Miller, 28 Ohio St. 488. 

The public right to a highway may be lost by non-user. The law 
would raise a presumption of an extinguishment of the right, when the 
road has been abandoned for a long period, but where there has been a con- 
tinued use of a highway, and tne width has been encroached upon bv the 
adjacent owner for eighteen vears, the right is not lost, and the supervisor 
may open such road to its full width. Fox v. Hart, 11 Ohio, 414. 

(3) An exhaustive classification would include more than these. But for 
the purposes of tnis volume, this is not required. 

(4) A supervisor of highways has no jurisdiction or power over turn- 

I likes or plank roads constructed by incorporated companies, and placed by 
aw under their control: nor could he justify interference with such 
ro^ds, although it should be directed by the township trustees. He is 



6 ROAD supervisors' MANUAL. [cHAP. 

Second. Streets and alleys in cities and incorporated villages. 
But these streets and alleys are under the exclusive con- 
trol of the councils of the municipal corporations in 
which they are situate, and over them the supervisor has 
no control whatever,^ except as stated in paragraph 18, 
Chapter III. 

Third. Improved roads. These are classed by the Re- 
vised Statutes as turnpikes (free), one-mile assessment 
pikes, two-mile assessment pikes, and unfinished and 
abandoned turnpikes, and are defined by statute in the 
following provision : " All macadamized or graveled roads 
which are free roads, whether constructed under general 
or local laws by taxation or assessment, or both, or con- 
verted by purchase or otherwise from a-toll road into a free 
road under any law, and all turnpike roads, or parts thereof, 
unfinished or abandoned by any turnpike company, and 
appropriated or accepted by the commissioners of the 
county, shall be kept in repair as provided in this chapter." 
(4876.) The supervisor's duty relating to these improved 
roads is treated of in Chapter III of this work. 

Fourth, Ordinary free roads, classed by law and generally 
known as state roads, county roads, and township roads. 

4. Township roads. The law expressly declares township 
roads "to be public highways" (4686, 89 0. L. 304). It 
also defines them by providing, in substance, that if any 
person wishes to have a township road laid out from any 
person's farm or dwelling place, or from any mill or house 
of public worship, or to any cemetery or burial ground, or 
to a public road, or from one public road to intersect an- 
other, or from any tract of wild land or timber land, or 
from any stone quarries, coal mines, or mineral lands 
(other than gas or oil lands) to a railroad or railroad sta- 
tion, or from a railroad station, to a township, county, or 
state road, or saw mill, he may petition the township trustees 
for it, etc. (4672, 88 0. L. 561). It then provides how such 
a road may be established, and that when so established, 
it " shall be considered a private or township road, subject 
to be kept open and in repair at the expense of the appli- 
cants for the same, or otherwise, as provided by law." 
(4677, as am., 79 0. L. 72.) 

5. Supervisor must keep certain township roads in repair. But 
it further provides, that a township road which commences 
in a state, turnpike, township, or county road, or at a rail- 
road station, and is not less than thirty feet in width, and 
passes on and intersects another state, turnpike, county, or 
township road, must be opened and kept in repair by the 

bound to know what roads belong: to the public and Avhat tosuch trus- 
tees. Chagrin Falls & Cleveland Plankroad Co. v. Cane et al. , 2 O. St. 419. 
(1) ^ 2640. When any part of a road district is annexed to a city, that 
part of the road lying in the annexed territory passes out of the'iuris- 
diction of the supervisor, and into the control of the corporation* 
Steubenville v. King, 23 Ohio St. 610. 



II.] ROAD WORK, ETC., GENERALLY. 7 

supervisor in whose district it may be situated, in whole or 
in part. (4678, as am., 77 0. L. 72.) 

6. In certain cases, state, county, and township roads 
may be improved under the instructions of the supervisor. 
See pars. 57 to 61, this chapter. 

7. State and county roads. From the foregoing it is seen 
»that the supervisor has to do chiefly with the state and 

county roads. In fact, the great majority of supervisors in 
the state have no jurisdiction over, and no work to do on 
any others ; and on these, only, as a general rule, after 
they have been not only "laid out and established," but 
also opened. His duties will generally be confined to keep- 
ing them in proper repair and free from obstruction. 

8. As to establishing^ opening^ straightening, vacating, etc., 
roads, supervisor s course. The law provides how state, 
county, and other roads may be " laid out and established," 
and also how they may be turned, widened, or narrowed, 
vacated, etc., and what proceedings must be had in such 
cases. These proceedings are numerous and long, and 
involve and require petitions, bonds, viewers, etc. But 
these are the affairs of those desiring the road or the 
changes mentioned, and with them the supervisor has 
nothing to do. After all these proceedings are had, and 
the county commissioners make the proper entries on their 
minutes, establishing or changing the road as above men- 
tioned, and after the time required by law has passed, they 
must now^ have such roads opened by contract. (See 3 
4650, as am., 90 0. L. 119; § 4634.) 

9. In the case of township roads, the law provides that 
(after the petition, bond, etc., and other preliminary steps 
are attended to) if the township trustees deem the establish- 
ing of such a road reasonable and just, they must order 
the clerk of the township to record the report of the 
viewers, and issue their order to the petitioners, or to the 
proper supervisor where it is made his duty to open the road, 
to open it to the width named in the report of the viewers. 
(4677, as am., 88 0. L. 349.) The proceedings are substan- 
tially the same in case of widening, narrowing, changing, 
or vacating township roads, so far at least as the supervisor 
is concerned. (See 4681-4685.) The trustees, through the 
township clerk, should then order, in writing, the super- 
visors of the proper road districts to open or change such 
road as directed, particularly and definitely describing the 
line of the road to be opened or the change to be made; 
and till then, the supervisor should do nothing at all 
toward opening or changing such roads. 

(1) Formerly, $4650 provided that after the establishment of the road, 
It should thenceforth " be considered a public highway, and the com- 
missioners shall issue their order to the trustees of the proper township or 
townships, directing the road to be opened." 



8 ROAD supervisor's MANUAL. [CHAP. 

10. Having received such notice, he should then notify 
the persons having control of the land over which such 
road extends, to remove the fences from the ground such 
road will occupy. He should do this chiefly to give them 
a chance to protect their crops, ete., on and near the line 
of said road, especially if it must be opened before such 
crops have ripened and been removed. 

11. Should such persons unreasonably delay to comply 
with his notice, it is then his duty to proceed to so remove 
them himself, and to improve such road by removing the 
necessary trees, etc., by grading and otherwise working 
said road as much as necessary or possible, having due re- 
gard to the claims and needs of other roads in his district. 

12. The notice by the supervisor, mentioned above, may 
be oral, or in writing, in some such form as follows; 

To O D— — ; You are hereby notified that a new town- 
ship road has been duly established, which passes through 
my district and through your land, as follows [here de- 
scribe the line of the road through C D 's land.~\ 

You are requested and required to remove all fences 
and buildings on your land standing on the line of said 

road, before the day of , 18 — . 

A B , Supervisor. 

13. If the road is narrowed, the adjoining land-owner 
may set his fences out to the new line; and if the road is 
ordered to be widened, the supervisor may, after being duly 
notified thereof by the township clerk, cause the fences to 
be set back to the new line by the owner, and on such ow- 
ner's failure to do so, the supervisor may remove them as 
he would any other obstruction, being careful not unnec- 
essarily to damage or destroy the materials composing such 
fences. He is simply to remove, not to rebuild, the fences. 

14. Unlawful ditches along road. It is unlawful for any 
supervisor to excavate or make any open ditch on and 
along a public highway in front of any dwelling house or 
yard surrounding it, or entrance thereto, or in front of the 
entrance or approach to any barn on that side of the road 
on which the said buildings are situate, unless he at once 
puts in a sufficient underdrain, and fills up the excavation 
to the original level; except when authorized to make 
such open ditch at said points, by the owner of such build- 
ings or trustees of the township. Any road supervisor 
violating this paragraph is liable to. forfeit and pay to the 
owner of any such buildings twenty-five dollars, to be 
recovered in a civil action before any justice of the peace. 

.(§ 4715a, 89 0. L. 41.) 

15. Certain ditches must be kept open. The law provides 



n.] 



ROAD WORK, ETC., GENERALLY. 



how certain land owners may construct underground out- 
let drains through the land of another, and that the ditches 
and water-courses upon the highways into which such 
underground drains empty, shall be kept open l)y the su- 
pervisor of such public highways, to a depth sufficient for 
the proper drainage of such highways. (88 0. L. 350.) 

16. iSupervisor must repair roads, and remove obstructions. 
The law provides that every supervisor must keep in re- 
pair all public roads and highways which are laid out and 
established in his road district, and remove, or cause to be 
removed, all encroachments, by fences or otherwise, and 
all obstructions that may from time to time be found 
thereon. 1 (4715, as am. 86 v. 231.) 

» 

(1) Wnere there has bren a continued use of a highway, although its 
width had been encioached upon by tlie adjacent owner for eiRliteen years, 
the right is not lost. The supervisor may open such road to its full width. 
Fox V, Hart, 11 Ohio, 414. 

A supervisor is a local ministerial officer, whose authority and duties to 
open, repair, and control jniblic i oads, extends only to tlie roads within 
his own district. Grove v. Mikesell, 13 Ohio St. 158. 

Where a liighway, sixty tect iii width, is established across a stream of 
water, and a bridge twelve feetwide is constructed along the center of such 
highway over the stream, and a proprietor of adjoining lands constructs 
fences from the outer limits of the road, along the bank of the stream, to 
the bridge: Held^ that such fences are, prima facie., at least, obstructions 
of the highway, and as suali it is the duty of the supervisor of the proper 
district, on due notice, and doing no unnecessary dama:^e, to remove them ; 
and for so doing, an action for trespass will not lie against him. Baird u. 
Clark, 12 Ohio, 87. 

L. being the owner of lands adjoining a public highway, regularly laid 
out and used by the public, extended his fence so as to inclose a portion of 
the ground within the survevcd lines of the highway, which portion was 
not then used nor required for the public travel, and kept up said fence 
without any objection f»)r upward of twentv-one years: Held^ that such 
partial encroachment upon the side of a surveyed and traveled highway 
was not necessarily adverse to the public, nor inconsistent with its ease- 
ment, and therefore constituted no bar to its reclamation by the super- 
visor, when required for the public travel. Lane v, Kennedy et al., 13 Ohio 
St. 42. 

No penalty is given for obstructing a road authorized by law, nor for per- 
mitting the obstruction t» rem;(in, unless it is to the Iiinderance or incon~ 
venience of travelers, and therefore the defendant may show tUat travelers 
were not accustomed to pass the state ro id obstructed by him, but that the 
travel was on a turnpike road, shorter and more con veii lent. IngersoU v» 
Herider, 12 Ohio, 527. 

Tne right of transit in the use of the public highways is subject to such 
incidental, temporary, or partial obstructions as manifest necessity re- 
quires; and among these are the temporary impediments necessarily occa- 
sioned in the building and repair of houses'on lots fronting upon the streets 
of a city, and in the construction of sewors, drains, etc. These are not in- 
vasions, but qualifications of the right of transit on the public highway; 
and the limitation on them is, that they must not be unnecessarily and un- 
reasonably interposed. Clark v. Fry, 8 Ohio St. 358. 

As fuel IS necessary, a man may throw wood into tlie street for the pur- 
pose of having it carried into his house, and it may lie there a reasonable 
time. lb. 

Where a road has been laid out in the manner prescribed by law, opened 
ana used for manv years, it can not be allowed that it shall be suddenly 
closed by any individual through whose laud it passes, on the hj'pothesis 
tliat the road used does not exactly follow the courses and distances of the 
recorded survey. ><or can it be required, after the lapse of many years, 
that to sustain a public road, every preliminary siep necessary to be taken 
to establish it, must be proven by existing papers or records. Arnold v. 
Flattery, 6 Ohio, 79. 



10 ROAD supervisors' MANUAL. [CHAF. 

17. Obstructions to he removed. At any time during the 
year when any public highway is obstructed, the super- 
visor of the district must forthwith cauce the obstruction 
to be removed, for which purpose he must immediately 
order out such number of persons liable to do work or 
pay tax upon the public highways of his district as he 
may deem necessary; if any person thus called out has 
performed his two days' labor upon the pub'ic highways, 
or paid his road tax, the supervisor must give him a cer- 
tificate for the amount of labor performed under such 
order, which may be applied on the labor or tax that may 
be due from such person the next year. (4746.) 

18. The order may be verbal, or written or printed, and 
may be in form as follows: 

Road District No. , Tp., Co., 0. 

,18-. 

To : 

You are hereby notified to appear on the day of 

, 18 — , at 7 o'clock forenoon, at , to assist in re- 
moving certain obstructions there on the public highway. 
The labor then done by you will be credited as a part of 
the two days' labor required of you by law, for the year 
18 — . You will bring with you the following implements: 
{name the implements.) , Supervisor. 

19. The certificate must be written or printed, and may 
be as follows : 

Road District No. , Tp., Co., 0. 

,18-. 

1 hereby certify that R L has performed {one 

half, or more, as may be) day's extra labor on the roads of 
said district in said year, for which he is entitled to credit 
on any road labor required of him by law during the year 
18—. ^ A — - B- — -, 

Supervisor of said District. 

20. Only public roads to be worked, A supervisor must not 

A supervisor can not begin and conduct, in his own name, a suit for an 
Injunction to prevent tlie obstruction of a public road. Putnam v. Valen- 
tine, 5 Oliio, 187. , ^ , 

Where, in an action before a justice (for obstructing the road), the plain- 
tiff was described as "A. B.. supervisor of road district No. 6, Stonccreek 
township, Clermont county," on appeal, the supervisor for the time being 
may file his petition as '* supervisor of road district No. 6," etc. Hill v. 
Supervisor, 10 Ohio St. 621. 

Where private lands are erroneously included In a road by review and 
survey, tlie supervisor is liable in trespass for entiring upon the land and 
digging up the soil; and lie is not protected by the record of the survey 
ai'd the declaration of the statute that the road as surveyed shall be con- 
sidered a public highway. Beckwith v. Beckwith. 22 Ohio St. 180. 

A supervisor is not liable for damao^es to an individual for injuries that 
Individual has sustained because of the n« gleet of the supervisor to keep « 
bridge within his district in repair. The supervisor is liable only for th< 
penalty prescribed by law. Dunlap v. Knapp, 14 Ohio St. e4. (As to what 
this penalty is, see paragraph 84, this chapter.) See also note 1, page 5, and 
note 1, page 25, paragrapn 76. 






II. J ROAD WORK, ETC., GENERALLY. 11 

perform nor cause to be performed labor on any road not 
regularly laid out and established by-law. (4743.) 

21. May eiiter lands for tiecs, gravel, etc. Supervisors may 
enter upon any uncultivated or improved lands unincum- 
bered by crops, near to or adjoining such roads, cut and 
carry away timber,^ except trees or groves on improved 
lands, planted or left for ornament or shade, and may dig, 
or cause to be dug and carried away, any gravel, sand, or 
stone which may be necessary to make, improve, or repair 
any such road.^ (4715, as am. 86 v. 231.) 

22. Certificate for timber, eic.^ taken for road. A supervisor 
of roads, or a superintendent of a free turnpike, improved, 
or other macadamized road having no gate thereon, who 
takes any timber, stone, or gravel for the purpose of mak- 
ing, improving, or repairing any road or structure, or re- 
pairing any bridge or crossway within his district, must, 
on demand of the owner of the land, or his agent, or the 
guardian of any ward, or the executor of any will, having 
the lands in charge from which the same were taken, 
give a certificate^ showing the quantity of such timber, 
stone, or gravel, with the value thereof respectively, and 
the time and purpose for which the same was taken. 
(4744, 4715, as am. 86 v. 231.) 

23. The certificate may be as follows : 

Road District No. , Tp., Co., 0. 

, 18-. 

I hereby certify that in making [or improving, or repair- 
ing] the county \or state, or township] road leading from 

to {or bridge, giving its name or location]^ within said 

district, on the day of , 18—, I took from the land 

of L M , the following materials for the purpose of 

said improvement, as follows: 

1 large oak tree, worth $7 00 

1 locust tree, " 1 00 

10 loads gravel, '' 2 00 

3 perch of stone, " 1 50 

Total $11 50 

A B , Supervisor. 

1 $ 4715 was unconstitutional, but has been amended to cure this. See 
44 O. S. 208; 86 O. L. 231. 

When a supervisor, entering to cut timber for repairing a road, com- 
W riffhr364 ^^*^°^®^ * trespasser from the beginning. Palmer v. State, 

^JHf. ^}}^^^^^^y ^(^ cut timber to repair roads includes authority to 

^^ir.tV^'^ purpose of repairing a bridge on a road. This power is 

operative whenever the road, etc., is out of repair. ]b ^^^^^'^ ^^ 

Ihe owner of the material so taken is entitled to compensation 

Hn^yi-^-' V-^^^''^''^1.^y^^^^ trustees, and paid as speci^ed in sec- 
tion 4/4a i4/lo, as am. 86 v. 231). See next note y ^ ^^ ^t^c 

(2) A person who receives such certificate must present the same to 
the township trustees of the proper township, at anv regular or called 
session, within twelve months after the taking of such timber stone 
or gravel, and the trustees, if satisfied that the amount is just and 
equitable, must pay the same. See more fully $ 4745. 



12 



ROAD supervisor's MANUAL. 



[chap. 



24. May enter lands to make ditches, etc. A supervisor may 
also eliter upon any lands adjoining or lying near the road, 
and make such drains or ditches through the same as he may 
deem necessary for the benefit of the road ; but he must do as 
little injury to such lands, and the improvements and timber 
thereon, as the nature of the case and the public good will 
permit; the drains and ditches so made must be conducted 
to the nearest water-course, and must be kept open by the 
supervisor ; and they must not be obstructed by the owner 
or occupier of the lands, or any other person having the 
same in charge, under a penalty not exceeding ten dollars 
for each offense, which must be collected by the supervisor, 
and paid by him to the township treasurer, and applied to 
the road fund of the township. (4716.) 

25. Two days^ work on roads. Formerly, all male persons 
between 21 and 55 years of age, with certain exceptions, had 
to work two days on the public roads, under the direction of 
the supervisor; but all laws requiring this two days' work 
have been repealed.^ 

26. Road taxes may he ivorked out, under the supervisor's 
direction. See pars. 46-48, 54-57, and others, this chapter. 

27. Trustees to furnish plows and scrapers. The township 
trustees are authorized to furnish plows and scrapers for 
the use of the several road districts within their township, 
to be paid for out of any money in the township treasury 
not otherwise appropriated. They must take a receipt from 
each supervisor for such implements as they deliver to him, 
showing the number, kind, and condition thereof; and such 
supervisor will be liable for any injury or damage that may 
result to such implements, or any of them, by the improper 
use thereof, or by unnecessary exposure to the w^eather dur- 
ing the time the same may be in his possession, to be recov- 
ered in an action in the name of the trustees. On the first 
Monday in March, annually, he must return these imple- 
ments to the trustees. (4735.) 

28-41. The supervisor's receipt may be as follows: 



NO. 



1 
1 
1 

10 



NAMES OF ARTICLES. 



Road plow 

Scraper 

Scraper 

Shovels 

Etc. 



CONDITION. 



Nearly new. 
New. 

INfuch worn. 
Worn. 



Received the articles above mentioned from the township trustees, 
this day of , 18—. A B , Supervisor. 



(1) See act of 91 O. L. 342, repealing: sections 26r).S. 2659, 2653, 4717, 4718, 
4719, 4720, 4721, 4722, 4723, 4724, 4725, 4726, 4727 and 472S. 

A few provisions concerning such work, probably overlooked, still 
remain. See, for instance, pars. 17, 70, 85, this chapter; pars. 14, 20, 
chap. 3. 



II.] ROAD WORK, ETC., GENERALLY. 13 

42. Road beds to he leveled off. Every supervisor must 
cause to be graded and leveled off, the earth and gravel 
that may be scraped, shoveled, or hauled into any public 
road under his direction or charge, at the time that such 
work is performed; and for any neglect or refusal, on the 
part of such supervisor, to cause such leveling or grading 
in a reasonable degree, he will forfeit not less than one dol- 
lar nor more than five dollars, to be paid into the town- 
ship road fund, to be recovered by an action in the name 
of the township, before a justice of the peace within the 
township w^here such supervisor resides; and the trustees 
of the township, after having been notified by any resi- 
dent freeholder of the township of such neglect or refu- 
sal, must, by one of their number, examine the w^ork, and 
if he find that it has not been X-)er1ormed, in a reasonable 
degree, according to the provisions of this section, he must 
prosecute such supervisor as provided herein. (4729.) 

43. Ixoads on state or township lines. A supervisor of a 
road district bordering on the state line between Ohio and 
an adjoining state may, when a public highw^ay has been 
located upon such state line in accordance with and 
under the provisions of the laws of the State of Ohio, ap- 
ply the labor of his district upon such road in the samie 
manner as on roads located Vvithin the boundaries of the 
state. (4747.) 

44. In case any public road is or may be established as a 
part of the line or boundary of any township or municipal 
corporation, the trustees of such adjoining townships, and 
council of such corporation, as the case may be, must 
meet at some convenient place as soon after the first Mon- 
day of March as convenient, and apportion such road be- 
tween the townships, or township and corporations, as 
justice and equity may require, and the trustees of the 
respective townships, and council of the corporation must 
have the road opened and improved accordingly. (4747.) 

45. /additional road tax for cutting down hills, eic. If town- 
ship trustees deem an additional road tax necessary, they 
must determine the per centum to be levied upon the tax- 
able property of their respective townships, not exceeding 
three mills on the dollar; for the purpose of cutting down 
hills, filling low places, and making repairs that may be 
necessary by reason of any casualty that may occur in the 
public highways of their respective townships, which must 
not, in any year, exceed the sum of two hundred dollars, un- 
less the question of a greater levy be submitted to a vote of 
the qualified voters of the township, at a special election 
called by the trustees for that purpose; if a majority of 
the qualified voters at such election vote in favor of levy- 
ing an increased tax, for the purposes aforesaid, the 
trustees must certify the same to the county auditor, in 



14 ROAD supervisors' MANUAL. [CHAP. 

writing, on or before the first Monday Qf June in each 
year, and the auditor must assess the same on tlie taxable 
property in the township, not included in any municipal 
corporation, and the same must be collected in the Decem- 
ber installment, and paid out as other taxes, except as 
hereinafter provided.^ (4737.) 

46. Rate of such levy to he published. The auditor of each 
county, immediately after the county commissioners and 
trustees of townships, at their annual sessions for that 
purpose, have determined the amounts to be assessed for 
road purposes in their respective counties and townships, 
must give notice, in some newspaper in general circulation 
in the county, of the per centum on each hundred dollars 
of the valuation so determined to be assessed in such 
county and township resijectively, and that said tax may 
be discharged by labor on the roads, under the direction 
of the supervisors of the several districts; and he must 
make a list of the names of tax payers, and the amount 
of the road tax with which each stands charged, and 
transmit the same to the clerk of the proper township. 
(4738.) 

47. Tax to be certified to supervisors. The township clerk, 
immediately after the receipt of such list, must make out 
and deliver to each supervisor an abstract of the amount 
of road tax each person in his district is charged with, 
(4739.) 

48. How road tax icorked out or paid^ etc. Any person 
charged with a road tax may discharge the same by labor 
on the public highways, within the proper time, at the 
rate of one dollar and fifty cents per day, and a ratable 
allowance per day for any team and implements furnished 
by any person, under the direction of the supervisor of 
the proper district, who must give to such person a certifi- 
cate specifying the amount of tax so paid, and the district 

(1) Section 2829, from llie title on taxation (Part First, Title XIII), is very 
much like tlie law in this paragraph. It is as follows: 

** Sec. 2829 Additional road tax. If the trustees of any township shall 
deem an additional road tax necessary, thev shall determine the per 
centum to be levied on tiie taxable property of their township, not exceed- 
ing one mill on the <]ollar, except in counties where the taxable property 
is less than ten millions, in which counties the trustees of the different 
townships thereof may, at their discretion, levy an additional road tax, 
not to exceed two mills on the dollar valuation of the taxable property of 
their township; which may be discharged in labor as hereiua.tcr pro- 
vided, ail' I in addition thereto not exceeding one mill on the doll.ir for the 
same purp >se to be collecied in money; but where a township shall include 
an Incorporated village, the rate of tax so fixed by said township trustees 
shall not apply, or be assessed or collected from the pr(!perty included 
wiihin the incorporated hmits of such village; but the council of any such 
village shall exercise the right conlerred by this title on the trusiees of 
townsliips to make such additional levy, for road purposes, on the taxable 
property within the corporate limits of anv such village, as trustees may, 
by this title, make for road purposes in their respective townshii)s; and 
said trustees and council shall certify the same to the county auditor, in 
writing, on or before the fifteenth day of May each year; and the auditor 
of the county shall assess the same on all the taxable propertv in the said 
township or village, and the same shall be collected in the December in- 
8t;?illmeQt," 



II.] ROAD WORK, ETC., GENERALLY. 15 

and township wherein such labor was performed. This 
certificate must in no case be given for any greater sum 
than the tax charged against such person ; and the county 
treasurer must receive all such certificates as money in the 

lischarge of said road tax. When the commissioners of 
any county ^o direct, the supervisor must write on the 
margin of his lists, opposite to the amount charged against 
all such as may pay the same by money or labor, the w^ord 

' paid," and must return his list to the township clerk on 
or before the fifth day of SeiDtember of the year in which 
the tax was levied. The clerk must then write on the 
margin of the list sent him by the auditor, opposite to the 
amount charged against each person who may have paid 
the same in labor or money, as shown by the returns of 
the supervisor, the word "paid," and must forthwith for- 
ward the same to the county auditor, who must charge all 
such as may remain unpaid, as showm by the returns of 
the township clerk, upon the duplicate of the proper 
county, and the same must be collected as other moneys 
are collected, in the December installment, by the county 
treasurer. .When such road tax is paid in labor, such labor 
must be performed before the first day of September of 
the year in which levied. (2830, as amended, 77 0. L. 184.) 

49. '^Certain exceptions to this. In all counties containing either grav- 
eled roads or free turnpikes, or both, except Shelby and Allen coun- 
ties, the time for the payment of the road tax in labor on such roads 
may extend to the fifteenth of October of the year the tax was levied ; 
but on all other roads in such counties the labor must be performed 
before the fifteenth of September; and the supervisors in such coun- 
ties must return their lists before the twenty-fifth of October of the 
year in which the tax was levied. (2830, as amended.) See also par. 
2, chap. 4, of this book. 

50. Form of certificate. I hereby certify that R — — L has paid in 

labor dollars and cents, being in full [or, if not paid in full, 

say, on account] of his road tax for the year 18—, in road district 

No. , township, county, Ohio, *and that such labor was 

performed between the day of and day of , 18—. 

— » , 18— ' , Supervisor. 

51. Extra road tax for improving certain roads. When 
two-thirds of the resident freehold tax-payers living on 
the line of any state road, county road, or turnpike road, 
file a petition with the auditor of any county for an extra 
tax for the purpose of constructing, improving, or repair- 
ing such road, he must levy such tax, of any amount that 
may be required, not exceeding six mills on the dollar 
valuation, in any year, on all the lands and taxable prop* 
erty for any distance on each side of such road not ex- 
ceeding one mile, and in no case more than half the dis- 
tance from such road to any other state, county, or free 
turnpike road runnins: parallel or nearly parallel thereto. 
(4925.) 

52. How long such tax to continue. When any such tax i^ 



16 ROAD supervisors' MANUAL. [CHAP. 

levied, it must continue for the term of three years and 
no longer, unless at the expiration of three years the peti- 
tion or request be renewed; and in that event such tax 
may be levied for the term of three years longer. (4926.) 

53. When such tax may be levied in a township. The auditor 
of any county must levy such tax on the lands and prop- 
erty on the line of any such road, in any township, when 
petitioned for by three-fourths of the resident freehold 
tax-payers on such road, in such township only. (4927.) 

54. Such tax may he repaid in labor, under supervisor s direc- 
tions. All taxes arising under the provisions of the three 
preceding paragraphs may be discharged by labor on the 
proper road, under the direction of the supervisors within 
whose jurisdiction such road is located, as provided by 
law in other cases; and the rate of labor shall be one dol- 
lar and fifty cents per day, and a ratable proportion for 
teams and implements. (4928.) 

55. Supervisor to give receipts. If such taxes be discharged 
by labor, the supervisors must receipt therefor, as in other 
cases for like services, and their receipts must be received 
by the county treasurer in discharge of such tax. (4929.) 

56. The form of receipt is the same as given in para- 
graph 50. 

.57. The trustees of any township may, upon the written 
petition of one or more persons interested, describing the 
road or part thereof proposed to be improved, authorize 
any person living on or near any unimpi'oved state, 
county, or township road, situate within the township, 
which intersects or connects with any turnpike or im- 
proved road, to improve any part or all of such road sit- 
uate within the township, within such time as they may 
direct, by grading the same not more than sixteen feet 
wide, and graveling such grade not exceeding twelve feet 
wide, or otherwise improving the same; such improve- 
ment must be made under the instructions of the super- 
visors of roads within whose districts the road or part 
thereof to be improved is situate; and as soon as such 
road or part thereof authorized to be improved as afore- 
said, within any road district, is fully improved and com- 
pleted to the satisfaction of the supervisor of such district, 
he must estimate the w^ork so done by the several persons 
authorized, either by themselves or those employed by 
them, under such rules and regulations as the township 
trustees must prescribe as to extent and character of such 
improvement, and give to such persons a certificate speci- 
fying the amount of labor performed by them, stating 
when authority was given to improve such road, and when 
the same was completed in his district, and accepted by 
him, and the value in money of such labor so estimated; 
but in estimating the value of such labor in money, the 



II. J ROAD WORK, ETC., GENERALLY. 



17 



supervisor must not allow a greater sum than two dollars 
and twenty-five cents for each team and driver, and not 
to exceed one dollar for each hand per day for the time 
actually employed; and in case of dispute between the 
supervisor, and any person interested in such improve- 
ment, as to the manner of making the same, its comple- 
tion, or the value of the work, the matter in dispute must 
be submitted to the trustees of the township, and their 
decision will be final. (4755.) 

58. The certificate mentioned above may be in the fol- 
lowing form : 

Road District No. , Tp., Co., 0. 

, 18-. 

1 hereby certify that L — — has performed labor 

on the [here name or othericise describe the roacC] road within 

said district, between the day of , 18 — , and the 

day of , 1 8 — , the prices set forth being allowed 

by me, as follows: 

One [or more, as may be,'] hand, for — — days, at 

per day $ 

One [or more, as may be,] team, for days, at 

per day 

The authority to improve said road was given on the 
day of , 18 — , and the improvement was com- 
pleted in said district on the- day of , 18 — , and 

accepted by me on the day of , 18 — . 

A B , Supervisor. 

59. The holder of any such certificate ^vill be entitled 
to have its amount credited on anyroad tax, payable in 
labor, levied on the property of such person situate within 
the county, after the completion of such improvement; 
if such road tax levied in any year on such property is 
not sufficient to cover the amount of the certificate, it 
must be so credited from year to year, until the certificate 
is fully paid without interest. At the time of making 
such credit upon the certificate, the supervisor must give 
to the owner of the certificate a receipt for the road tax 
charged against him for the current year; and the owner 
of the certificate may transfer it, or any balance due on it, 
to any subsequent purchaser of the property owned by 
him when the certificate was issued. (4756.) 

60. The receipt may be in form as follows: 

Road District No. , Tp., Co., 0. 

,18-. 

The road tax charged against L , in said dis- 
trict, for the year 18 — , has been paid to the extent of 

dollars and cents, by labor done in said district in the 

year 18 — , and described in his certificate therefor, d-ated 



18 ROAD supervisors' MANUAL. [cHAP. 

18 — , and signed by A B , supervisor. 



I have this day credited said amount as 2-)aid on said cer- 
tificatec C D , Supervisor. 

At the same time the foregoing receipt is given, the fol- 
lowing or its equivalent must be indorsed on such certifi- 
cate : 

On this day of , 18 — , I have given to L 

, a receipt for road tax for this year, to the extent 

of dollars and cents, on account of the within 

certificate. C D , 

Supervisor of within named District. 

61. The trustees, at the time of authorizing such im- 
provement, must direct in their order at what point the 
materials therefor shall be taken, under the general laws 
in force for procuring materials for the improvement of 
public roads, which point must be the nearest and most 
convenient to the place where the materials can be pro- 
cured in the township. But where a road is located in 
two townships, the material for the improvement thereof 
may be procured at the nearest and most convenient 
point in either township. (4757.) 

62. Drift against bridges and culverts^ in ditches^ etc., to he re- 
moved. The supervisor of each road district, or the super- 
intendent of any free turnpike or improved road, must re- 
move, or cause to be removed, all timber or drift lodged 
against bridges, except toll bridges or bridges upon, toll 
roads; and all timber, drift, and sediment lodged in and 
obstructing the free passage of water in ditches Constructed 
for the draining and protection of such roads, or under or 
against any culvert over the same, or over any natural 
water-course adjoining and upon the line of free turnpikes, 
and all other public roads in his district. He will receive 
the same compensation for such work or duties performed 
as is prescribed by law for other road work. (4731, as 
am. 86 v. 28.) 

63. Penalty. In case any supervisor or superintendent 
fails or neglects to comply with the provisions of this par- 
agraph, he will be liable to a fine of not less than five and 
not more than twenty-five dollars. Any adjoining land- 
owner affected thereby may, at the expiration often days, 
after serving a written notice on such supervisor or super- 
intendent to remove any such drift or sediment, remove 
or cause the same to be removed; for which he will receive 
the same compensation and from the same source as such 
supervisor or superintendent would have been entitled to 
in the performance of his duty. (4731, as am. 56 v. 28.) 

64. Sidewalks, foot-bridges, etc., along road. The supervisor, 
when authorized by the trustees, may construct on either 
side of any public road in his district a public foot-walk, 
sidewalk, or foot-bridge over streams of water, of such ma- 
terial and at such expense as the trustees shall prescribe, 



II.] ROAD WORK, ETC., GENERALLY. l9 

which must not in any manner obstruct the public high- 
way, or any private entrance; or the trustees may con- 
struct, by contract with the lowest responsible bidder; all 
such improvements to be paid for out of the township road 
funds. (4733, as am. 78 V. 84.) 

65. Passways may be consimicted. Any landholder through 
whose land a state, county, or township road is now or 
may be hereafter laid out and established, is authorized, 
under the direction of the supervisor of the proper dis- 
trict, to construct a passway either over or under such 
road, so as to permit stock to pass and repass; but the 
passway must not be constructed over or under any road 
within the limits of the outlots of a city, town, or village, 
and must not hinder or obstruct the travel on such roads, 
and must be kept in good repair at the expense of the 
landholder. (4740.) 

66. Weeds, hushes ^ briers, etc, in road to be cut down. Road 
superintendents, and supervisors, and street commission- 
ers, must, between June loth and 30th, and between Aug- 
ust 1st and 15th, and between September 15th and 30th, 
of each year, cut all brush, briers, Canada or common 
thistles, or any other noxious weeds growing within the 
limits of any county or township road, or improved road, 
street, or alley, within their jurisdiction. Such superintend- 
ent or supervisor may allow any landowner or tenant to 
cut and destroy any such brush, briers, or weeds, growing 
on such highway along the lands abutting thereon owned 
or occupied by such landowner or tenant, fixing a reason- 
able compensation for such work before it is done. Such 
compensation must be credited on the road tax of that 
year assessed against said premises. Such superintendent 
or supervisor must, by the township trustees, be allowed 
$1.50 per day for all such necessary labor, to be paid by 
the township treasurer out of the road fund, then in his 
hands. Superintendents of toll roads must do likewise as 
to such weeds, etc., growing along their turnpikes, at said 
times, or the township trustees must have it done, and col- 
lect pay and penalty therefor before any justice of the 
peace in the township. (4730, as am., 90 0. L. 301.) 

67. Canada thistles to be destroyed. It was formerly the 
duty of the supervisor of any rc)ad district, when notified 
in writing that any Canada thistles were about to go to 
seed on any land within his district, to cause the same to 
be destroyed in time to prevent the seed from spreading. 
But this duty, is now imposed on the township trustees.^ 
He must still destroy them along the road. See par. 66. 

68. Obstruction of roads by railroad agents and other persons. 
If any person or corporation, or a conductor of any train 

(1) See $ 4732, as am., 90 O. L. 302. As to brush or thistles alon? par- 
tition fences etc., see $$ [4255,-lH4255,-6], 7001, of Giauque's edition of 
the Revised Statutes. 



20 ROAD SUPERVISORS MANUAL. [cHAP. 

of railroad cars, or any other agent or servant of a rail- 
road company, obstruct, unnecessarily, any public road or 
highway authorized by any law of this state, by permitting 
any railroad car or locomotive to remain upon or across 
the same for a longer period than five minutes, or permit 
any timber, lumber, wood, or other obstruction to remain 
upon or across the same to the hinderance or inconven- 
ience of travelers, or any person passing along or upon 
such road or highw^ay, every person or corporation so of- 
fending shall forfeit and pay, for every such offense, any 
sum not exceeding twenty nor less than two dollars, and 
will be liable for all damages arising to any person from 
such obstruction, or injury to such road or highway, to be 
recovered by an action at the suit of the trustees of the 
township in ^vhich the offense is committed, or of any 
person suing for the same before a justice of the peace 
within the county where the offense is committed, or by 
indictment in the court of common pleas in the proper 
county ;^ every twenty-four hours such person or corpora- 
tion, after being notified, suffers such obstruction to re- 
main, must be deemed an additional offense against the 
provisions of this paragraph ; and all fines accruing under 
this paragraph, when collected, must be paid to the treas- 
urer of the township in which the offense was committed, 
and be applied by the trustees to the improvement of 
roads and highways therein. (4748.) 

69. Company liable for fines against employes. Every rail- 
road company or other corporation, the servant, agent, or 

(1) By section 32 of the act relating to roads (S. & S. 669), township trus- 
tees are authorized to bring civil actions to recover the statutory penalty 
lor obstructing and permitting obstructions to remain upon and across 
public roads or highways authorized by the laws of this state, to the hin- 
derance and inconvenience of travelers or other persons passing along or 
upon such public roads or highwavs. Trust es of Burton Township v, 
Tuttle et ai., 30 Ohio St. 62. 

Thf statute giving the cause of action confers jurisdiction over it upon 
justices of the peace. lb. , ^, ^ 

In actions i ro?ecuted und' r the provisions of thi« statute, where the ob- 
struction is alleged to have been cause i by a railroad car, or cars, or loco- 
motive, it must be averred in the petition that the public road or highway 
was obstructed unnecessarily, by permitting such railroad car or cars, or 
locomotive, to remain upon or across t' e public road or highway for a 
long* r period than five minutes, to the hinderance, etc. In actions tor ob- 
structions to public roads caused by agencies other than railroad cars ana 
locomotives, in describing lie manner of the ob-truction, the word *•%»- 
necessarily'' forms no essential part of the description of the cause of ac- 

It is no'valid objection to the jurisdiction of a justice of the peace 'ti this 
cliss of cases, that, on the trial, the right of the public to the use of the 
roadway, as a public high wav. may involve, to some extent, the title to the 
land at the place of alh^ged'obstruction. As the statute confers original 
lurisdiction'upon justices of the peace over the cause of action, by neces- 
sary implication it "ests authority in justices' courts to hoar and deter- 
mine alt questions necessary lo /eiider a final judgment, lb. 

The person who maintains a n.ill-race, divertivig water trom its natural 
flow through the race to his mill, for private u^ e, which mill race cuts and 
crosses a public r ad previously established over his laud by authority' ot 
law, which race unbridged is an obstruction across the highway, to tne 
hinderance and inconvenience of travelers and persons gomg along ana 
upon such public highway, must place a sufficient bridge oyer the race at 
the point of obstruction, and keep it in repair so that the highwav will be 
lis good and safe for public travel as before the race was constructed, lo. 



II.] ROAD WORK, ETC., GENERALLY. • 21 

employe of which, in any manner, obstructs any public 
road or highway, will be liable to pay all fines which may 
be assessed against such servant, agent, or employe for so 
obstructing the same, and such liability may be enforced 
by execution issued against such corporation on the judg- 
ment rendered against such servant, agent, or emplove. 
(4749.) 

70. How fires in icoods or prairies extinguished. Whenever 
the woods or prairies in any township are on fire, so as 
seriously to endanger property, the trustees of such town- 
ship may order as many of the inhabitants of the town- 
ship, liable to work on the highways, and residents in the 
vicinity of the place where such fire is, as they may deem 
necessary, to repair to the place where such fire is, and 
there to assist in extinguishing the same, or stopping its 
progress; and every person called out, under the provision 
of this section, must be allowed, by the supervisor of his 
road district, to be applied on his poll or road tax, the 
same amount per day that he is now allow^ed for work on 
public highways. (4750.) 

71. Penalties for refusal to assist. If a person refuse or 
willfully neglect to comply with such order, he shall for- 
feit a sum not less than five nor more than fifty dollars, to 
be collected before any justice of the peace of the town- 
ship. (4751.) 

72. The following certificate may be given : 

Koad District, No. , Township, County, 0. 

, 18-. 

I certify that E- — F has been, by me, ordered out 

to assist in extinguishing fires in the woods {or, prairies, as 
may he), in said district; that he was thus employed for 
one-half day, for which he is entitled to seventy-five cents, 
to be credited to any road or poll tax against him now due 
or to become due. A B , Supervisor. 

73.^ Bridges over mill-races, etc. No person possessed of 
the right to any water privilege is required by law to build, 
nor keep in repair, and bridge over any mill-race or water- 
course constructed by such person across any public road 
for hydraulic purposes.^ (4752.) 

74. When any road is hereai'ter established, the owner 
of such right must file in the county auditor's office, 
within a year after such road is established, a written de- 
claration of such right, describing and stating as near as 
practicable, where he intends some time to excavate a- 
mill-race or water-course across the road. This declara- 
tion must be recorded by the auditoi-, and will secure 
such right to the owner, his heirs, and assigns. But 
nothing in this section can prevent such owner from con- 
structing a mill-race or water-course across any public 
(1) See last paragraph of note, page 23. 



22 ROAD supervisors' manual. [chap. 

highway already established, on giving the notice required 
in the next paragraph. (4753.) 

75. Duty of supervisor in certain cases. When any person 
excavates or constructs a mill-race across a public high- 
way, he must give at least thirty days previous notice, 
in writing, to the trustees of the proper township, of his 
intention so to do; and if he fail or neglect to give such 
notice, the supervisor of the proper road district may, if 
in his opinion the public good demands it, fill up such 
mill-race or water-course, at the cost of the party so failing 
and neglecting to give notice, to be recovered by the su- 
pervisor, together with fifty per centum thereon, and the 
costs of suit, for the use of such road district, in an action 
before any court of competent jurisdiction.^ (4754.) 

76. Supervisor must settle with township trustees^ when. At 
the annual March meeting of the township trustees, they 
must settle the accounts of the supervisors; and for Ibis 
purpose the supervisors must attend that meeting. (1458, 
as am., 90 0. L. 98.) 

77. Supervisor s report to trustees. The supervisor should 
render to the township trustees at this meeting an account 
of his receipts and expenditures, and of his work, etc., 
arranged under suitable heads or parts. Without it, a 
proper settlement can scarcely be made at all. To aid in 
making such report, and to secure uniformity, the trustees 
should furnish him with suitable blanks therefor. 

78. The form of such report may be substantially as fol- 
lows: 

supervisor's report and settlement. 

79. [First] 

Statement of moneys received by me as supervisor. 
Amount received from [state ivhom — see pars. 24, 75]. $10 25 
Total cash road tax collected, as show^n by "Abstract 

of Koad Tax " returned to clerk on , 18—.. 89 50 

Amount of road tax received from township trustees. 25 00 
Collected by suit from [state ivhom—see pars. 24, 75]. 7 50 
Etc., etc 



Total receipts ' $132 25 

(1) But he can not be held personally liable for the payment of costs 
in such cases. See paragraph 3, and Bittle v. Hay, ^ Ohio, 269. 

An action for obstructing a highway should be brought, not in the 
name of the supervisor (individually), but the plaintiff should be su- 
pervisor of road district No. , in township , of county. 

Hill V. Supervisor, 10 Ohio St. 622. 

Where, in an action before a justice of the peace, the plaintiff was 
described as A. B., supervisor of road district No. 6, Stonecreek, Cler- 
mont county, on appeal, the supervisor for the time being may file his 
petition as '^The Supervisor of Road District No. 6," etc. lb. 



"•] 



ROAD WORK, ETC., GENERALLY. 



23 



80. [Second.] 

Statement of moneys expended by me as supervisor. 

[Give the items of all moneys expended. It is sup- 
posed, of course, that the supervisor has taken a receipt 
for every cent expended. These receipts should be num- 
bered in the order of their dates, and are, in this settle- 
ment, the supervisor s vouchers for the truth of his state- 
ments as to expended money.] 



TO WHOM PAID AND WHAT FOR. 


No. of 
Voucher. 


Amount 
























• 














^ 


















Total expeaditures 


$1^28 75 



Total received $132 25 

Total expended 128 75 



Balance on hand.. $3 50 

81. [Third.] 

Statement of my personal account. 

I was employed in the discharge of my official duties, 
as follows : 

Superintending labor days. 

Attending suits *' 

Etc., etc <' 

Etc., etc '* 



Total 20 days. 

Due me, at $1.50 per day, $30. 
For which I ask an appropriation. 

1 certify the foregoing to be a correct report of my pro- 
ceedings, and a true statement of my receipts and ex- 
penditures, during my term of office as supervisor since 
my election in April last. 

A B , Supervisor. 

82. Receipt for road implements returned to trustees. The 
supervisor should then get a receipt from the trustees for 



24 ROAD supervisors' manual. [chap. 

the plows, scrapers, etc., which he returns to them as re- 
quired of him by paragraph 25. 

83. The form of this receipt may be as follow^s: 



NO. 



1 

1 

1 

10 



NAMES OF ARTICLES. 



Road plow 
Scraper . . . 

Scraper 

Shovels 

Etc. 



CONDITION. 



Nearly new. 
New. 

Much worn. 
Worn. 



Received the articles above mentioned from A 

B , supervisor of road district No. , this day 

of ,18—. 

J C , 

C S , 

0— P , 

Township Trustees. 

84. Ptnahies against supervisors. A supervisor who neg- 
lects or refuses to perform the several duties enjoined on 
him by this chapter, or who, under any pretense whatever, 
gives or signs any receipt or certificate, purporting to be a 
receipt or certificate for labor or work performed, or 
money paid, unless the labor shall have been performed 
or money paid before the giving or signing of such receipt 
or certificate, will forfeit, for every such offense, not less 
than five dollars nor more than fifty dollars, to be recov- 
ered in an action before a justice of the peace within the 
township where he resides; and the trustees of the town- 
ship must prosecute all offenses agninst the provisions of 
this paragraph ; but if a supervisor conceives himself ag- 
grieved by the judgment of such justice, he may, on giv- 
ing sufficient security for the payment of costs, appeal to 
the court of common pleas; which must make such order 
therein as to it may appear just and reasonable. (4742. ) 
See also paragraph 63, chapter 2, and paragraphs 23 and 
24 of chapter 4. 

85. Compensation. Every supervisor must be paid for his 
services, not more than one dollar and fifty cents per day, 
for the time he is actually employed on the roads; but no 
supervisor can be allowed, in any one year, more than 
twelve dollars, in addition to the remuneration for his two 
davs' labor on the roads, when the number of persons in 
his district, liable to work on the roads, does not exceed 
twenty-five; not more than sixteen dollars, when the 
number so liable is more than twenty-five and less than 
thirty-five; not more than twenty-five dollars, when the 



n.] ROAD WORK, ETC., GENERALLY. 25 

number so liable is not less than thirty-five nor more than 
fifty ; and not more than thirty-five dollars, when the num- 
ber so liable exceeds fifty; but a supervisor that is required, 
by any law of the state, to repair a turnpike road, or any 
part thereof, must be allowed not exceeding eight per 
cent, for the amount of the labor performed under his di- 
rection as supervisor, repairing such turnpike or working 
out the road tax in his district; but in no case shall he 
receive more than one dollar and fifty cents per day. 
(1533). 



26 ROAD supervisor's manual. [chap. 



CHAPTER III. 

RELATING TO FREE TURNPIKES. 

1. Repairs of Improved Roads, 

w 

1. What are ^^ improved roads ^^ — How repaired. All macad- 
amized roads which are free roads, whether constructed 
under general or local laws by taxation or assessment, or 
both, or converted by purchase or otherwise from a toll 
road into a free road under any law, and all turnpike 
roads, or parts thereof, unfinished or abandoned by any 
turnpike company, and appropriated or accepted by the 
commissioners of the county, must be kept in repair as is 
provided in this chapter. (4876.) 

2. The greater part of the duties relating to such re- 
pairs fall upon officers other than supervisors, as will be 
seen by this chapter. But it will also be seen that super- 
visors are, or may be, also charged with certain duties in 
relation to these repairs, and therefore so much of the law 
relating to this subject as may be useful to supervisors, for 
the purpose of showing them what duties are not theirs, 
and what others are or may become theirs, is here given. 

SPECIAL PROVISIONS FOR CERTAIN COUNTIES. 

3. In certain counties. Formerly, in Darke, Logan, Cler- 
mont, and Shelby counties, improved roads were under 
the charge and control of officers entitled pike superin- 
tendents, and with them supervisors had nothing to do, 
except that the township trustees set off certain persons, 
who had to perform their two days' labor, and their labor 
in commutation of taxes, under the direction of these su- 
perintendents. The supervisor could not order nor com- 
pel such persons to labor under him. The township 
trustees had to give these superintendents the use of the 
township plows, scrapers, and other road implements. 
Some understanding was therefore necessary, through the 
township clerk and trustees, what persons were so set off, 
and when those implements could be used by the super- 
visor, and when by the superintendents, in such road dis-. 
tricts where both these officers had work to do. See §§ 

4877-4888. But by changes in the law,^ no counties are 
now in this class. 

4. In certain other counties. The law makes each town- 

(1) Including the repeal of <S4877, in 91 O. L. 183; see old $4877; note 
to par. 3, chapter 10, of Giauqhe's " Road and Bridge Laws," 



i 



III.] RELATING TO FREE TURNPIKES. 27 

ship in the counties of Belmont, Brown, Butler, Carroll, 
Champaign, Clermont, Clinton, ColumlDiana, Cuyahoga, 
Darke, Delaware, Erie, Fayette, Franklin, Geauga, Greene, 
Hamilton, Harrison, Henry, Licking, Lucas, Madison, 
Montgomery, Muskingum, Ottawa, Preble, Portage, Picka- 
way, Ross, Stark, Summit, Trumbull, Tuscarawas, Wash- 
ington, Warren, and Wayne, in which any such free road 
is located, a road district for the care and maintenance 
thereof. (4889, as am., 91 0. L. 355.) 

5. Auditor to give notice to township clerk. Unless such no- 
tice has heretofore been given, the auditor of each of said 
counties must immediately give notice to the clerk of each 
township in which any such road is located, that the 
trustees are required to take the charge and control 
thereof; and the auditor must give the like notice upon 
the acceptance or appropriation of any other macadamized 
or graveled road by the county commissioners. (4890.) 

6. Powers of township trustees. The township clerk, on re- 
ceipt of such notice from the auditor, must immediately 
notify the township trustees of such fact, who will, upon 
receipt of the notice, have full charge and control of all 
such roads as are herein provided for within their town- 
ship ; and the trustees must divide such road or roads into 
sections of not less than one-half mile each, and keep 
them in good repair, and in good condition for all kinds 
ot public travel; and for that purpose they are invested 
with all necessary powers as to drainage, and the procur- 
ing and removal of material required for repairs on such 
roads, as are or may be conferred by law upon supervisors. 
(4891.) 

7. 'Trustees may assign roads to supervisors. The trustees 
may, at their regular March session, each year, apportion 
and assign to the several supervisors of roads in their 
townships, such road or roads, or any part or parts thereof, 
in the road district of such supervisors respectively, to be 
by them kept in repair, as required in paragraph 6, and 
under the control and supervision of the trustees. (4892, 
as am. 81 v. 187.) 

8 Labor and taxes to be set off. The trustees must pro- 
vide means for keeping in repair all such roads within 
their township, and for that purpose must set off persons 
and districts; such persons must perform their two days* 
labor as required by law, and also labor in commutation 
of taxes, the same to be worked out under the direction 
of such supervisors, or other suitable persons, as provided 
in paragraphs 6 and 7, and under the control and supervi- 
sion of the trustees; and such supervisors or persons are 
authorized to give receipts therefor. The trustees must 
set off", from the common road fund of their township 
such amount as seem equitable to them, to be an improved 



28 ROAD SUPERTISOR's manual. [ ^HAP. 

road fund, especially applicable to the care and improve- 
ment of such roads, and may also allow the use of any 
plows, scrapers, or other implements owned by the town- 
snip for road purposes, and do certain other things speci- 
fied. (4894, as am, 84 v. 85, see par. 3, ) 

IN ALL OTHER COUNTIES-^ 

9. In every other county, the county commissioners are 
constituted a board of directors, in which the management 
and control of all such roads, in their respective counties, 
is exclusively vested. (4896.) 

10. Board of turnpike directors. The directors at their 
first meeting, must divide the county into three districts, 
as nearly equal in number of miles of turnpike, and con- 
veniently located, as may be practicable, and each direc- 
tor must have the personal supervision of one of such dis- 
tricts, subject to all rules and regulations that may, from 
time to time, be agreed upon by the board; and the direc- 
tors must hold a meeting, as such board, at least once in 
three months, at their office at the county seat, and be 
governed, in all transactions, by the rules governing 
county commissioners. (4897.) 

11. The proceedings of these directors must be recorded 
in a book, which must be open to the examination of all 
persons interested; and they must cause notice to be pub- 
lished, in at least one newspaper of general circulation 
throughout the county, of such rules as may be adopted 
for the regulation of labor and travel on such roads.^ 
(4898, as am. 81 v. 96.) 

12. The directors may appoint suitable persons to super- 
intend the work of repairs on these improved roads. 
(4898, as am. 81 v. 96.) 

13. Theie is nothing to prevent them from employing the 
supervisors of the districts in which such roads lie as such 
superintendents, if they are suitable persons. Such superin- 
tendents, whether supervisors or not, must be governed by 
such lawful rules and instructions as these directors may 
adopt and give to the superintendents, and by the laws 
governing supervisors, as far as they are applicable. 

(1) Champaign and Lucas counties have laws applicable to those 
counties only. See 87 v. 198. 

(2) They have other rights and duties, which need not be fully 
specified here. For instance, they may contract for labor and mate- 
rial, either at public sale or private contract; they may certify to the 
county auditor the amount of money needed to keep the roads in re- 
pair; they may enter any lands in the county, and take gravel or 
other material necessary'for the repair of the roads, for which, and 
for the damages done by reason of such removal of material, 
they must give the owner a certificate, which must be paid for by the 
county out of the turnpike fund. Provision is also made for the fix- 
ing of the value of this material bv the probate court, if the owner is 
not satisfied with the amount allowed, and for the levy of taxes for 
the benefit of such roads, their collection and expenditure, etc. 
(4899-4907.) 



i 



III. J RELATING TO FREE TURNPIKES. 29 

14. Township trustees to apportion road labor. In townships 
wherein such roads are located, and placed under the con- 
trol of turnpike directors under the provisions of this 
chapter, tlie township trustees must, at their annual meet- 
ing in March, designate and set off such portion of the 
two days' labor as they may deem just and equitable, to 
be performed under the control of the board of directors 
or their superintendents, subject to all the rules and regu 
lations of law for its performance under the direction of 
road supervisors.^ (4902.) 

15. Compensation. The compensation for services of su- 
perintendents is subject to the agreement of the board, 
but not to exceed two dollars and fifty cents per day for 
time actually employed, and to be paid out of the turn- 
pike fund. (4903.) 

16. Width of tire prescribed. It is unlawful to transport 
over the roads mentioned in paragraph 1, page 26, in any 
vehicle having a tire of less than three inches in width, a 
burden of more than 2,000 pounds. The county commis- 
sioners, acting as turnpike directors, may also prescribe 
the increased weight in quantity greater than 2,000 pounds, 
that may be carried in vehicles having a width of tire of 
three inches or upward, and cause such regulations to be 
recorded in their journal. It is made the duty of designated 
officers to prosecute for a violation of the requirements of 
this section, or of the regulations prescribed by the board, 
the person or persons violating the same ; and said com- 
missioners may appoint some person or persons to enforce, 
by suit, these provisions, for which such persons are to be 
paid as further specified in the amended section 4904 ; in 
which section injunctions are also provided for; but no 
duties are prescribed for the supervisor. (4904, as am., 91 
O. L. 162.) 

17. Penalties for violation of rules. Any person who vio- 
lates, either by himself or agent, any of the rules or regu- 
lations adopted by the board, and recorded in their book 
of records, must, upon conviction thereof before any jus- 
tice of the peace of the county, or any court having com- 
petent jurisdiction, be fined in any sum not less than ten 
dollars for each offense; and all such fines must be paid 
into the county treasury for the use of the turnpike fund. 
(4905.) 

18. Parts of roads in cities and villages to be repaired. The 
commissioners must keep in repair such portions of such 
roads within their respective counties as have since their 
completion been included, or may hereafter be included, 
within the corporate limits of any city or village in such 
counties, to points therein where the sidewalks have been 
curbed and guttered, and no further. (4906.) 

*l) See last part of paragrap^i 3, this chapter. 



30 ROAD supervisors' manual. [chap. 



II. The Building of Free Turnpikes. 

19. Certain taxes and labor to he applied toward building free 
turnpikes. Chapter 7 of the law relating to roads is de- 
voted to "One Mile Assessment Pikes," which are free 
turnpikes, built at the request of a majority of the hold- 
ers of land situate within one mile of such roads, from 
taxes levied on all property so situated. It is only neces- 
sary to state here that the law defines what proceedings 
must be had; that the county commissioners must appoint 
three freeholders of the county, who are then called road 
commissioners, and who become a corporation to lay out 
and establish such a road. All this in no way concerns 
the supervisor, except so far as stated in the following 
paragraphs. Though the provisions of these paragraphs 
are found in the chapter mentioned, yet they are made ap- 
plicable by section 4812 (as am., 91 0. L. 11), to all free 
turnpikes, as well as to one mile assessment pikes. 

20. So much of any part of the taxes annually levied 
for road purposes by the trustees of townships, which may 
be collected within the bounds of any free turnpike road, 
including the two days* labor authorized by law, must be 
applied in the construction and repair of the road, under 
the direction of the road commissioners, or their agents, 
until the road is completed. (4788.) 

21. If, before the completion of the road, the trustees 
fail to direct the supervisors of any road district, the 
whole or any part of which is within the bounds of any 
free turnpike road, to apportion the labor provided for in 
the preceding paragraph, annually, before the first day of 
May, and to give notice thereof in writing to the commis- 
sioners aforesaid, then all persons liable to do two days' 
labor, annually, on the public highways, residing within 
the bounds of any free turnpike road, must do the same 
under the direction of the commissioners or agents of such 
road. (4789.) 

22. All such persons must perform such labor, after 
being notified three days previous to the time of doing the 
same, between the first day of April and the first day of 
July; but they may pay to the superintendent the sum 
of three dollars, in lieu of said two days' work, if paid 
when notified to do the work; and in case of refusal or 
neglect to do the same, the person so offending shall pay 
a fine of one dollar, and shall further be liable, in case 
of non-attendance, to the amount allowed for two days* 
work, to be collected by the road commissioners, in the \ 
same manner that supervisors are authorized to collect in ^ 
similar cases. (4790.) ? 

23. When such roads turned over to county commissioners ^ hoio 
kept in repair^ etc. These road commissioners must pros- 



-^i 



m.] RELATING TO FREE TURNPIKES. 31 

ecute for all obstructions or other injuries to such roads 
while in their charge, and as fast as completed, such road 
must be turned over to the county commissioners, and 
must then be kept in repair as stated in the first part of 
this chapter. (4795, 4796, 4827.) 

24. Road may he made toll road, how and why. When two 
consecutive miles or more of any free turnpike road is 
made in good order for travel or transportation, and the 
taxes applicable thereto and the two days' labor will not 
keep the same in repair, the county commissioners may, 
in the manner prescribed by law, but not necessary to be 
described here, place toll-gates on such road, and so much 
toll may be collected as, when added to the common tax 
of the grand levy and the two days' work, will keep the 
road in good repair. (4801.) 

25. Who io build bridges, culverts, etc. When the county 
commissioners believe the public requires it, they must 
build any or all bridges and culverts on such roads, 
and pay for all material used in the construction or repair 
of such roads, in such manner as they deem best. (4800, 
as am. 83 v. 167.) 



32 ROAD supervisor's manual. [chap. 

CHAPTER IV. 

MISCELLANEOUS PROVISIONS 

POINTING OUT WHAT ARE THE DUTIES OF THE SUPERVISOR, ANB 
WHAT ARE NOT IN CERTAIN MATTERS — SOME CRIMINAL LAWS. 

1. Guide-hoards. The township trustees must cause to be 
erec+^ed and kept in repair, at the expense of the town-, 
ship, a post and guide-board, at all such forks and cross^ 
roads as are kept in repair for general public travel, and 
lead to some village, depot, or other important public place. 
This guide-board must direct the way and distance to 
the village, etc., on each of such roads. (4734.) 

2. Watering places — taxes abated. The township trustees may 
expend fifty dollars per year in providing and maintaining 
suitable places for procuring water for persons and animals 
on the public highways in their township. (4736, as am., 
87 0. L. 14.) They must annually abate three dollars from 
the highway tax of any inhabitant of a road district, who 
constructs on his own land, and keeps in repair, a water- 
ing trough beside the public highway, well supplied with 
fresh water, the surface of which is two or more feet above 
the level of the ground, and easily accessible for horses 
with vehicles. But said trustees may designate the num- 
ber necessary in each road district, and this tax will be 
abated for these only. (87 v. 38.) 

3. ^^ Black knot,^^ '^ peach yellow,^' etc. For about a year, the 
law required road supervisors (and others) when notified in 
writing by any person that any plum or cherry trees in his 
district had "black-knot," or that any peach trees had 
either '^ peach yellows," or " peach rosettes," to cause such 
trees to be cut down and burned ; or, where practicable, 
the deceased branches of such trees to be so destroyed each 
yeai; as to prevent the spread of said diseases. But this 
law is now repealed, and provision is made for the appoint- 
ment of a commission by the township trustees. These 
commissioners, and the owners of any such trees, have 
powers, rights, etc., fully provided for bv law, which need 
not be stated fully here. (See 91 v. 108-il3.) 

4. How road funds used^ etc. When the township receives 
money from the county treasury for road purposes, the 
trustees must cause it to be appropriated to building bridges 
or repairing roads within their township; and after public 
notice, let by contract to the lowest bidder (if, in their 
opinion, he is competent to perform it) such part or parts of 
any road as they deem expedient, so far as such money will 
go; and when such labor is performed agreeably to the 
contract, the trustees must draw an order in favor of the 
contractor who did said work, to pay for it. (1459 ) 






IT.] MISCELLANEOUS PROVISIONS. 33 

5. Bridges and approaches on state and county roads, etc. The 
county commissioners must construct and keep in repair 
all necessary bridges, and the approaches to them, over 
streams and public canals, on all state and county roads, 
free turnpikes, improved roads, and abandoned turnpikes 
and plankroads, except in certain cities and villages.^ The 
trustees of the several townships must cause to be built 
and kept in repair all bridges and culverts, except upon 
improved and free turnpike roads, when the cost of con- 
struction does not exceed fifty dollars, and must keep in 
repair all bridges constructed by the commissioners; but 
such repair by said trustees of any such bridge, in any 
year, must not exceed ten dollars. (860, as am., 91 v. 19; 
861, 4940.) 

6. As to overflowed roads. When any of the principal pub- 
lic roads in any county, except turn-pike toll-roads, are 
subject to overflow, so as to render them at any time unfit 
for public travel or transportation, the county commission- 
ers may repair or reconstruct such roads by changing the 
beds of small streams to avoid crossing, or by changing 
roads to avoid bridges, or by building embankments suflic- 
iently^levated above all such overflows. (4922, as am., 77 
V. 86.) 

7. County commissioners to repair certain dafnaged highways, 
how. When any one or more of the principal highw^ays of 
any county, or any part of such higways, have been de- 
stroyed or damaged by freshet, land-slide, wear, or water- 
courses or any other casualty, or by the large amount of 
traffic thereon, or from neglect or inattention to the repair 
thereof, have become unfit for travel, or cause difficulty, 
danger, or delay to teams passing thereon, and the com- 
missioners of such county are satisfied that the ordinary 
levies authorized by law for such purposes will not provide 
enough money to repair such damages or to remove ob- 
structions from or to make the changes or repairs in such 
road or roads as are rendered necessary from the causes 
herein enumerated, said commissioners may annually there- 
after, levy a tax at their June session, of any sum not ex- 
ceeding five mills upon the dollar upon all taxable property 
of the county, to be expended under their direction in such 
manner as may seem to them most advantageous to the 
interest of the county, for the construction, reconstruction, 
or repair of such road or roads, or any part thereof. There 
are other provisions as to levies in this law% which need not 
be stated here. (See 4919, as am., 91 v. 399.) 

8. Repair of, in certain cases. AVhen a county road is in- 
jured or destroyed by the washing of any lake, river, or 
creek, or by any washing or sliding of land occasioned by 
natural drainage, the trustees of the township in which 
such injury or loss of road has occurred, upon petition of 
any six freeholders of the township, must call to their aid 

(1) Supervisors have nothing to do in or with these cities and vil- 
lages. See page 6. 



34 BOAD supervisors' manual. [chap. 

a competent surveyor, and proceed to examine such road; 
and if, upon such examination, the trustees, or a majority 
of them, are satisfied that such road has been destroyed, 
or so much injured that the public good requires an altera* 
tion of the same, they must proceed to alter and lay out 
so much of the new road as may supply the several parts 
of the road thus destroyed or injured. (4665.) 

9. When the supervisor finds that a county road has 
been so injured or destroyed, he should not attempt to re- 
pair it with the work at his command, but should report 
it to the trustees for their action. 

10. Sidewalks along roads authorized. Any person, board 
of education, village council, cemetery association trustees, 
or any agricultural or religious society, may appropriate on 
any public road of sufficient width on either side thereof, 
sufficient land to construct thereon a public sidewalk not 
exceeding six feet in width, and may construct such side- 
walk thereon ; but such sidewalks must not obstruct any 
private entrance or public highway. (4909, as am. 86 v. 33.) 

11. Certain toll-roads may be declared abandoned. Turn- 
pikes and plankroads, or parts of them, remaining unfin- 
ished for five years, or allowed to remain out of rejjair for 
six months, may be declared abandoned, and may be ap- 
propriated by the county commissioners in such way as 
the law prescribes. (4913-4918.) But the supervisor will 
have nothing to do with such abandoned road, until offici- 
ally notified in writing by the proper authorities. See note 
4, page 5. 

12. Whenever a public road is crossed by a railroad, the 
railroad company must erect, at a sufficient elevation from 
such public road to admit of the free passage of vehicles 
of every kind, a sign with large and distinct letters placed 
thereon, to give notice of the nearness of the railroad, and 
to Avarn persons to be on the lookout for the locomotive. 
Such railroad company must also make, at every point 
where any public road, street, lane, or highway used by 
the public crosses such railroad, safe and sufficient cross- 
ings, and keep the same in good repair; and for any 
neglect so to do, such company will be liable to all dam- 
ages to person or property, in any manner caused therebv. 
(3323, 3324, as amended, 91 0. L. 297.) 

13. Toll-roads may be made free turnpikes — Repairs of. The 
law provides that toll-roads owned by private corporations 
may be purchased and converted into free turnpikes, to be 
kept in repair as provided in Chapter III; but if the 
county commissioners are of opinion that such road is not 
in repair and condition equal to free turnpikes in the 
vicinity thereof, they are authorized, at their discretion, 
to assess on the lands taxed for the purchase thereof an 
amount which will, in their judgment, put it in repair 
equal to the free turnpikes. (4865-4872.) 

14. Debts not to be contracted by supervisors ^ ete.^ without au- 
thority. No officer or agent of the township can make anj^ 



j IV.] MISCELLANEOUS PROVISIONS. 35 

j contract binding, or purporting to bind the township, to 
I pay any sum of money not previously appropriated for the 
' purpose for which such contract is made, and remaining 
j unexpended and applicable to such purpose, unless he'has 
ii been authorized to make such contract; and if he make 
! or participate in making a contract without such appro- 
j priation or authority, he will be personally liable thereon, 
! and the township in whose name or behalf the same was 
] made will not be liable thereon. (17.) 

j 15. Duties, etc., of supervisors as to hogs running at large. 

! It is the duty of all road supervisors, upon view or infor- 

riiation, to cause all swine found running at large upon 

roads within their respective districts to be impounded, 

and such further proceedings had as are required by law 

I in such cases ; if any such road supervisor fails or refuses 
1} to perform such duty, he is liable to be fined not less than 
\ two, nor more than five dollars for each offense, to be col- 
i' lected in a suit brought in the name of the State of Ohio, 

i on complaint of any person feeling aggrieved, before a jus- 
' tice of the peace or other court having jurisdiction where 
the offense is committed; and the trustees of the township 
'jare authorized and required to retain, from any sum that 
|i may be due and unpaid to such supervisor for services ren- 
i dered in his official capacity, any unpaid costs or fines so 

II arising. He is entitled to fifty cents for each swine so im- 
'pounded by him. (4203, as amended 77 0. L. 318; 4204, 
,4208.) 

i 16. Supervisor s duty as to hedges. If the owner of any 

i hedge along a public highway permits such hedge to be 

more than six feet high or w^ide for a longer time than 

: six months, or leave the cuttings therefrom on the high- 

t'way longer than ten days, he will be liable to the town- 

I ship trustees in a sum not over fifteen cents per rod of 

such hedge; audit is the duty-of the supervisor to bring 

suit against such owner so offending, before a justice of 

the peace of the township in which the hedge is, first giving 

such owner twenty days' notice or more, that such hedge 

is unlawful, and that unless cut to a proper height Vvithin 

twenty days, suit will be commenced for such violation. 

(4253, 4255.) 

SOME CRIMINAL LAWS RELATING TO ROADS AND SUPERSVISORS. 

17. Whoever abuses any judge or justice of the peace in 
V the execution of his office, or knowingly and willfully re- 
sists, obstructs, or abuses any sheriff, constable, or other 
j officer \ in the execution of his office, shall be fined not 
more than five hundred dollars, or imprisoned not more 
I: than thirty days, or both.^ (6908.) 

(1) See note 1, page 1. this book. 

(2) Includes supervisor; see note 1, page 1. 



36 



ROAD SUPXRVISOR S MANUAL. 



CHAP.' 



18. Any supervisor, whether elected or appointed, who 
embezzles, or converts to his own use, or conceals with such 
intent, any thing of value that comes into his possession 
by virtue of his office, or sells any property of the town- 
ship for his own use, is guilty of embezzlement, and shall 
be punished as for larceny of the thing embezzled.^ (6847, 
6842, as am. 83 v. 23 ) 

19. Whoever maliciously demolishes, throws down, al- 
ters, or defaces any mile-stone, mile-board, mile-post, guide- 
board, or guide-post, standing on any public road, shall be 
fined not more than fifty dollars, or imprisoned not more 
than ten days, or both. (6879.) 

20. Depositing dead animals^ offals, etc., into or upon roads, etc. 
Duty of supervisor. Whoever puts the carcass of any dead 
animal, or the offal from any slaughter-house or butcher's 
establishment, packing-house, or fish-house, or any spoiled 
meats, or spoiled fish, or any putrid animal substance, o.' 
the contents of any privy vault, upon or into any lake, 
river, bay, creek, pond, canal, road, street, alley, lot, field, 
meadow, public ground, market space, or common, and 
whoever, being the owner or occupant of any such place, 
knowingly permits any such thing to remain therein, to 
the annoyance of any of the citizens of this state, or neg- 
lects or refuses to remove or abate the nuisance occasioned 
thereby within twenty-four hours after knowledge of the ex- 
istence of such nuisance upon any of the above described 
premises owned or occupied by him, or, after notice thereof 
in writing from any supervisor, constable, trustee, health 
officer of any municipal corporation or township in which 
such nuisance exists, or county commissioner, is liable to 
be fined from ten to fifty dollars, and to thirty days im- 
prisonment. (Part of 6923, as am., 87 0. L. 349.) 

21. Suffering Canada thistles to grow on land or highway. 
Whoever knowingly vends any grass or other seed, in or 
among which there is any seed of the Canada thistle, 
white or yellow daisey, and whoever, being the owner or 
possessor of any land, suffers any Canada thistle to grow 
and ripen seed thereon, or on the highway adjoining the 
same, shall be fined twenty dollars. (7001.) 

22. The owner or operator of any mill, or other manu- 
facturing establishment, near to any public highway, who 
fails to build or maintain a covert to any water or other 
wheel attached to such mill or establishment, and exposed 
to view, shall be fined not more than fifty dollars, and be 
liable in damages to any person injured in person or prop- 
erty in consequence of the fright or alarm of any animal 
from the action of such wheel. (7009.) 

(1) For the larcenv of anything of less value than thirty-five dollars, 
the penalty is fine of two hundred dollars or less, or imprisonment in 
the county jail not more than thirty days, or both. If valued at thirty- 
five dollars or more, imprisonment in penitentiary from one to seven 
years. (6556.) 



IT,] MISCELLANEOUS PROVISIONS. 37 



23. Whoever, knowing the same to be false or fraudu- 
lent, makes out or presents for payment, or certifies as 
correct, to the general assembly, or to either house thereof, 
or any committee thereof, or to the auditor of state, or 
other state officers, or board of officers, or to the auditor 
or commissioners, or other officers, of any county, or to 
the auditor or other accounting officer of any municipal 
corporation, or to any township trustees^ or other township offi- 
cer, any claim, bill, note, bond, account, pay-roll, or other 
evidence of indebtedness, false or fraudulent, in whole or 
in part, for the purpose of procuring the allowance of the 
same, or an order for the payment thereof out of the 
treasury of the said state, county, township, or municipal 
corporation ; and whoever, knowing the same to be false, 
and fraudulent, receives payment of any such claim, ac- 
count, bill, note, bond, pay-roll, voucher, or other evidence 

j of indebtedness, from the treasurer of the state, or of 
f any county, township, or municipal corporation, shall, if 
f such evidence of indebtedness so made out and presented, 
I or certified, or of which payment is received, is false or 
't fraudulent to the amount of thirty-five dollars, or more, 
be imprisoned in the penitentiary not more than ten years, 
nor less than one year, or, if false or fraudulent to an 
amount less than that sum, be fined not more than two 
hundred dollars, or imprisoned not more than thirty days, 
or both. (7075.) 

24. No supervisor shall directly or indirectly be con- 
erned in any contract for working out the road tax, other 

I' than his own, under penalty provided in paragraph 84, 
• page 29. (87 v. 222.) See also said paragraph 84. 



l! 



ll 



I 



INDEX 



Action. See Suit, Justice of the peace. 

Agent — 

of corporation must not obstruct road 19, 20 

Auditor. See County Auditor. 

Ballot- 
cast for supervisor, when void, etc 1 

Black-knot, etc., in Fruit Trees— 

who must destroy 32 

Bond — 

supervisor must give 2, 3 

form of 3 

effect of not giving 3 

blanks for, should be furnished 4 

must be given in case of new road, etc 7, 9 

Briers. See Weeds, etc. 

Bridge, Culvert- 
how made, repaired, etc., and by whom 11, 31, 32, 33 

drift against, to be removed by supervisor 18 

foot-bridges may be built by supervisor 18 

over mill races* * note 20, 21, 22 

Bushes, Burrs. See Weeds, etc. 

Canada Thistle and other Noxious Weeds, etc. 

must be destroyed, when and by whom 19, 36 

penalty concerning .' 36 

Cars. See Railroad. 
Cemetery — 

road to 6 

Certificate — 

of extra work done on roads ^10 

of materials taken to make, etc.. roads * 11 

of work done in improving certain roads 15, 17, 18 

holder entitled to what credit for 18 

Clerk— 

of township. See Township Clerk. 

Commissioners. See County Commissioners. 

Co m m utatio n — 

in lieu of poll tax 15,16,30 

Cotnpensation. See also Labor, Taxes. 

of supervisor 18,19,24,25 

of land-owner, for cutting weeds, etc 19 

of pike superintendents 29 

Conductor. See Railroads. 

Counties — 

free turnpikes among, classified, etc 26,27,28 

County Auditor — 

duties of, in certain cases .7, 13, 14, 15, 21, 27 

Corporation — 

must not obstruct roads 19, 20 

liable for fines, etc., against emploves 20,' 21 

turnpike directors are a .* 30 

County Commissioners— 

duties of, in certain cases 7, 26, 30, 31, 32, 33 

as to free turnpikes 26 31 34 

may prescribe width of tire .'...' 29 

Damages. See also Penalty 20, 34 

(39) 



40 INDEX. 



IHstricts. See Road Districts. 
Ditches and Drains— 

must be marie anrl kept open, by whom, how, etc 8, 12 

must not bo obstructed under penalty '12 

county drain along road ' 8, 34, .34 

Drains, See Ditches and Drains. 

Drift— 

against bridges, to be removed by supervisor. 18 

JElection — 

of supervisor. 1 

as to extra road tax 13 

Electors— 

who may vote for supervisor 1 

vote as to extra road tax, when 13 

Ji'mbanh^neut — 

to protect road, to be built when. 33 

Engineer, See also Railroads. 

must not obstruct road crossing 19, 20 

Eocecntors — 

to receive certificate of materials taken 11 

Fences — 

to be removed by whom, and when 7, note, 8, 9, and notes. 

Fines. See also Penalties 20,21,22,23,24,29,35 

Fires— 

in woods, prairies, etc., ho)^ extinguished 21 

penalty for starling, etc 35 

Fonns — 

of oath of office 3 

of official bond 3 

of notice to remove fences, etc 8 

of notice to help remove obstruction 10 

of certificate for work in such case 10 

of certificate of materials taken for road 11 

of certificate for road tax worked out 15, 16, 21 

of indorsement on certificate 18 

of certificate for labor against fires 21 

of supervisors' report and settlement 22, 24 

of supervisors' receipt for plows, etc., received from trustees. 12, 25 

Freeholders — 

may do what, if gravel, etc., on road is not leveled off 13 

may petition for certain extra road tax 15,33 

duties of, as to width of tire, weight of load, etc 29 

Free Boads. See also Roads and Highways, Free Turnpikes. 

defined 6,26-31 

duties of supervisor, as to. See Supervisor. 

Free Turnpikes — 

defined ... 6.26 

how built, repaired, etc 6,26-31 

directors of certain 28, .30 

may become toll road, how and why 31 

Gravel. See Materials for Making, etc., Road. 

Guardian — 

to receive certificates for materials taken. 11 

Guide Boards — 

trustees must erect, where, etc '^2 

must contain what 32 

penalty for injuring 36 

Mouse of Worship — 

road to 6 



I 



INDEX. 



41 



Hedges— 

owner's and supervisor's duty as to 



Itnplenients, etc. — 

must be furnished by trustees to supervisor. 12, 26 

and to pike superintendents 30 

how paid for 32 

must be receipted for and described. 12, 24 

must be returned, when, 12 

Improved Boads— 

defined ' ^ 

duties of supervisor, as to 5, 14-17 

Judges of Election— 

duties of, as to supervisor 1, 2 

Justice of the Peace. See also Suits. 

suits may be brought before 2, 13, 20, 21, 25, 29-31, 35 

Labor on the Public Boads— 

when person may be ordered to do 10 

how credited, in such case 10 

notice and form of, in such case 10 

must be done only on what roads 10, 11, 26, 29, 30 

who must do. and who exempt 12, 27, 29 

to be done when and how 10, 21, 27, 29, 31. 32 

in lieu of road (not poll) tax 14-17 

value of, in money, to be estimated by supervisor 16 

dispute concerning, to be settled by trustees, when 17 

receipts, etc., for work or money 10, 16, 17, 27 

by contract with trustees 32,33 

Laborer on Hightvay — 

• must appear when and where 12, 26, 27, 30, 32 

rate per day allowed in certain cases 16, 17, 30 

must assist in extinguishing certain fires.' 21 

must be sued, in case of neglect, etc 22, 30 

Land Oivner or Occupier — 

to receive notices, as to what 8, 32 

his duty as to fences, hedges, etc 8, 35 

to receive certificate for materials taken 11 

must not obstruct certain ditches 12 

his rights and duties as to improving certain roads 14-17, 27 

should get certain receipts, etc., for work in such case 17, 18 

some of which are transferable 17 

may construct pass ways across road, for stock 19 

duties of, as to bushes*, w^eeds, etc 19, 32 

ievee — 

to be built to protect road 33 

Mateinuls ]or flaking, Bepairing, etc., Boads — 

supervisor may take, where and how 11 

he must give certificate for, form of 11 

he must level off, on the road, or pay . ... 13 

what freeholder, etc., may do about it 13 

trustees to direct place of getting, in some cases 18 

Mile Stone, Mile Board, Mile Post, Guide Board — 

penalty for injuring 36 

Mill- 

road to 6 

race of, and bridges over race 20, note, 21, 22 

wheel of, to be kept covered 36 

penalty for neglect 36 

Money, See Tax, L.ibor, Township Trustees, Supervisor, 

COMPENSATION, ETC. 

Mules, See Team, etc. 



42 INDEX. 



Wiinicipal Corporation — 

controls its streets, etc 5 

duties of, as to roads on its boundary 13 

Neglect — 

penalties for. See Penalties. 

of railroad company and employes 18, 34 

Newspaper — 

notice in, when 14 

Notice— 

of election, to be given 1,2 

concerning new or changed roads 7,8 

form of, in certain cases 8 

to trim hedges, etc ... 35 

penalty for disregarding 35 

of extra road tax, to be given, how 14 

of intended road improvement 32 

Oath of Office— 

supervisor must take, and before whom 2 

form of 2,3 

Ohstrtictions— 

on roads, to be removed by whom 9, 10, 17, 20, 31 

when permissible note. 9 

by railroads, etc., not allowed 19, 20 

Order— 

to work in removing obstructions 10 

form of 10 

to make certain improvements 16, 18 

Overflotv of JRoad-^ 

how remedied 33 

Owner, Occupiei', See Land Owner. 

Oa^en, See Team, etc. 

Penalty — 

imposed for what, and who recovers . ,2, 12, 13, 19-21, 20-31, 35, 36 

T ass ways for StocTc— 

may be built, by whom, how, etc 19 

must be kept in repair by owner 19 

JPike Superintendents— 

duties of 26 

Prairies, See Fires. 

Plows. See Implements. 

Public Boad, See Roads and Highways. 

Poll Tax 12 

Mailroad— 

road to. ^ 

employes of, not to obstruct roads. 19, 20 

penalties for so doing -^' ^1 

must erect sign at crossing 34 

must make crossings, where 34 

Receipt— 

for money in lieu of labor. 27 

Moads and Highways— 

must be opened by supervisor, when, etc - a o« 

classified and defined '^»^' 2b 

when and how vacated, narrowed, Avidened, etc -,n oa qI 

must be repaired by whom m o-^ oq q? q- - 

obstructions thereon, how removed 10, 19, 20, o3, 34, ^o 

labor on what roads only ■ 10, 11, 26-31, o4 

materials for making, etc., where to be taken. rV oq qo 

labor on, by whom, and when • -12. 14-16, 27, 29, 32 



INDEX. 43 



a Hoads and J^if/Ziirai/s.— Continued. 

on boundary line, how worked, opened, etc 33, 32 

levy and extra tax for 13-16 

'how worked out or paid 14-16 

passways for stock may be built across ... 19 

width o'f tires used on, and burdens on 29 

in cities and villages, how repaired 6, 29 

road money, how expended 32 

when damaged or destroyed by freshets, etc.. who to repair. 33, 34 

toll road may become free road, repairs of, etc 34 

penalty for depositing dead animal, or other nuisance, upon . 36 

Road Districts — 

when and how township divided into 1 

record of, where made, etc : . . . 1 

roads in, how opened, widened, closed, etc 5-10 

Road Tax — ~- 

how paid, in work or money 10,14-18,27 

certificate for 10,15-17,27 

extra in certain cases 13-16, 34 

how long to continue in som^ of these cases 15, 16 

Sand, See Material for Making, Repairing, etc., Road. 
Scrapers. See Implements. 
Shovels, See Implements. 
Sidewalks — 

may be made by whom, where and how 34 

Stone, See Material for Making, Repairing, etc , Road. 
Streets and Allet/s— 

who controls them 5 

supervisor, nothing to do with 5 

Suit. See Justice of the Peace. 

Super V iso r — 

notice of election of 1 

who may be. 1 

are regular township officers .. . 1 

penalty for abusing, etc., note, 1, 35 

when elected, and how 1 

refusing to serve, penalty for 1 

vacancy in office of 2 

must take oath of office, when, etc 2 

must give bond, when, etc 2 

when fully installed into office 4 

serves how long 4 

duties of, as to opening roads 5 

duties of, as to toll roads ... 5 

is a ministerial officer . . notes, 5, 9 

duties of, as to streets and alleys 5 

duties of, as to improved roads 6 

duties of, as to township roads 6-37 

duties of, as to state and county roads 7-37 

duties of as to fences, hedges, etc., in certain cases. . .7, 8, 9, 32, 35 

must repair roads, remove obstructions, etc • 9 

must give certificates for labor or money 10 

form of 10 

must do no work on what roads 10 

must make certain drains and ditches, how 8,12 

must collect penalties, judgments, etc 12, 22 

must account for money received . . 21-26 

must apply money, how 22-26 

must take receipts for all monev expended 23 

compensation of ' 18, 19, 24, 25 

must get plows, scrapers, etc., from trustees 12 

duties as to these generallv 12,26 

must level off" road bed, or sufTer what 13 



44 INDEX. 



Supervisor— Continued. 

may work state line road. jo 

as to roads on other boundary line.s. i3 

duties of, as to road tax assessed ou property 14-17 

duties of, as to certain roads to be improved 16, ; 7 

must give certificate and receipt in such case 16,17 

duties of, as to li02:s. etc 35 

must remove drift from bridges 18 

may construct foot bridges 18 

must superintend building of passways 19 

duties of, as to bushes, burrs, weeds, etc 18, 32 

duties of, as to ('anada thistles, common thistle?, etc 19, 32 

duties of, as to fires in woods, prairies, etc 21 

duties of, as to mill-races, watercourses, etc., in certain cases. 21, 22 

must collect fines, penalties, etc 22, 35 

must settle with trustees, when and how 22-24 

must report what, at that time 22 

penalties agai ust, for what 24, 35-37 

may appeal from, to court of common pleas 24 

duties of, as to repairs of free turnpikes 26-29 

black-knot, ppach yellows, etc 32 

can not contract debt for township 31, 35 

will be personally liable for, if he does 35 

penalty for resisting.' abusing, etc note, 1, 35 

penalty upon, for embezzling, etc., township property. .... 35 

duty of, as to dead animal, etc., on road *. 35, 36 

penalty for presenting, etc., fraudulent claim 36, 37 

Surveyor — 

when one to be employed 34 

Tadc. See Road Tax, Poll Tax. 
Tax-Payers — 

list of, to be made and given to whom 14 

may petition for extra road tax, in certain cases 15 

Team, Mules, Oxen, etc. — 

must be furnished, when; price allowed for 14, 16, 17 

Timber. See Materials for Making, etc., Road; also, Drift. 
Toll Boad. See also Turnpike. 

defined, and supervisor's duty as to 5 

may become free road, how 34 

Toll Gate 5 

Tools, See Implements. 

Township Jioacls. See also Roads and Highways. 

how built, repaired, etc — 5-10,14-17 

Toivnship — 

must be divided into road districts, when 1 

extra road tax, and road improvement, in 13-17 

materials for road, to be obtained in 18 

Totvnship Clerk — 

duties of, as to suits against supervisor 2 

duties of, as to supervisor's oath and bond 2-4 

duties of, as to opening, changing, etc., road 7-9 

duties of, as to road tax . ■!'*' 1'*^ 

duties of, as to free turnpikes 26-31 

Township Trustees— 

must lay off road districts, etc 1 

duties of, in case of vacant supervisor's office 2 

duties of, as to approving supervisor's bond 3 

duties of, as to opening, etc., road 6-9 

must furnish plows, scrapers, etc 12 

must get them again, Avhen 12, 23, 24 

duties of. as to roads not leveled off 13 



13 
as to additional tax . . ' 13, 16, 17 



as to roads on boundary lines 



II 



INDEX. 45 



Town ship Tr lis tees— Continued. 

as to where road materials must be taken from, when ... 18 

as to weeds, etc., on hi^'hway •. 19, 36 

as to fires in woods, prairies,* etc 21 

' settling witli supervisors 22,23-25 

as to certain persons to be sued 23 

as to free turnpikes 26-31 

may assign care of certain free turnpikes to supervisors .... 27 

must assign certain ro.<id labor to same 27, 29 

must erect guide boards, where 32 

must provide watering places: cost of 32 

must expend road money, how 32, 33 

must build bridges, approaches, etc., when 33 

TotvnsJiip Officers— 

supervisors are 1 

no one needs serve as, two terms in succession . . 2 

Treasurer— 

cei tain matters relating to 12,16-20,29 

Trustees of Township. See Township Trustees. 

Turnpikes — 

owned by incorporated companies. See Toll Roads. 

as to abandoned 6, 34 

as to weeds, bushes, etc., along line of 19, 35 

Turnpikes, Free, See Free Turnpikes. 

Vacancies in Office of Supervisor — 

how filled 2 

Vacanci/— 

how filled, etc 1 

Vote, See Election. 

Voter, See Electors. 

Votes— 

for supervisor, when valid, void, etc 1 

Vouchers — 

what are 23 

Wagon, See Team, etc. 

Ward, See Guardian. 

Watering Places — 

lor persons and animals, may be provided 32 

Weeds, Bushes, etc. — 

must be cut down, when and by whom 18, 19, 32, 34 

IForfe. See also Labor. 

how much should be done on new road , . 8 

Yellows, Blach-knot, etc.— 

who must destroy 32 



FOR THE USE OF ROAD SUPERVISORS. 



Abstract of Road Tax. 

The township clerk must make out and deliver to each Supervisor 
an abstract of the amount of road tax each person in his district is charged 
with, as soon as he receives from the county auditor a list of the road 
tax for his township. (See page 14, this book.) 

We sell an abstract specially prepared for this purpose. It contains 
ruled columns and printed headings for the names of the tax-payers, 
for the proper description and amount of each one's property liable 
to taxation, the rate of tax on each dollar, the total road tax (to be 
filled in by the clerk) ; also, ruled columns and printed headings for 
the amount paid in labor by each one, the amount paid in money, the 
amount still due, and a column in which to write "paid," as the law 
requires, opposite the names of those who pay in full, either in money 
or labor. The columns, "Amount paid in labor" and "Amount paid 
in money," enable the supervisor to keep readily the account of his 
receipts in cash, which he must account for on his settlement. It 
also contains printed instructions, laws, etc., and is well and neatly 
hound in strong glazed pasteboard covers. 

Size A (large enough for 125 names), price i3er copy 10c. , per doz. $1.00. 

Size B (large enough for 325 names), priceper copy 12c., per doz. $1.20. 
Larger sizes furnished if required, at slight additional cost. 

Supervisor's Bond and Oath. 

We have had a new form of bond prepared to meet the demands of 
the law as now in force. The supervisor's official oath is printed on 
the same page, each sheet containing two bonds and two oaths, with 
proper indorsements for filing, etc. As the law now requires this oath 
and bond each to be recorded by the township clerk in the same book, 
this arrangement will be found the most convenient and desirable. 

Price, per sheet, 5 cents; per quire, 75 cents. 

Other Blanks for Supervisors. 

Supervisor's certificate or receipt for road tax. Per 100 blanks, 35 
cents. 

Supervisor's certificate for timber, stone, or other material used. 
Per quire of 96 blanks, 60 cents. 



ROBERT CLALKE & CO., Publishers, 

61, 63, 65 West Fourth Street, 



i 



Cincinnati. 



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LIBRARY OF CONGRESS 



028 145 877 2 




